Constable can file a case on sho of the same police station.

Querist : Anonymous (Querist) 13 August 2011 This query is : Resolved
Can a constable or sub constable of the same area were his superior SHO is there can file a case on SHO in his juridisction in the same Police station in which SHO works or vice - versa is allowed. Pls tell me the section in the crpc which will be applicable.

Eg: A constable B SHO so can A file a case on B in the Police Station where both A & B are working & B is the senior of A. Or A has to taken the permission for the SP.

Possible support the answer with the case law.

thanks

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R.Ramachandran (Expert) 13 August 2011
What is the nature of complaint of A against B?

Advocate. Arunagiri (Expert) 13 August 2011
Yes constable can file a case on the SHO. The I/O will be a different person.

Raj Kumar Makkad (Expert) 13 August 2011
If SHO has committed such offence within the jurisdiction of same police station against the constable then report shall be lodged by victim in the same police station without obtaining any prior permission from any higher officer as of a layman.

Dr Anil Kumar Singh (Expert) 16 August 2011
All provisions of Cr PC are applicable in this case. The FIR can be lodged against the SHO as can be done against any other person. Since both belong to same department, matter shall also be reported to Higher Auth for Dept action.

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