Change io

anand (Querist) 06 May 2012 This query is : Resolved
A false 498a PCR was registered against me and my family with false allegations. Under 156(3), it was referred to a Women's Police Station SHO and a FIR also registered. The IO has probably been bribed heavily and took several steps with malafide intent. Fortunately some of these were documented. We collected enough documentation against the IO, and talked to the Commissioner who directed the DCP to change the IO. No action has been taken by DCP so far.

My questions:
1. Can Commissioner actually change IO when a PCR was filed and FIR later registered? I ask this because magistrate directed case to this specific SHO as IO for investigation.
2. If not, should we go to court and appeal to Magistrate u/s 156(3)?
3. If yes, what can we do about DCP not changing IO?

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Adv.R.P.Chugh (Expert) 06 May 2012

* In Gyanchand Verma v. The Dy.General - Bombay High Court - 24/01/2011, the Hon'ble Court observed that "The Investigating Officer has wide powers under the criminal procedure code. He has to perform his duties honestly, sincerely with the sole object of unearthing the truth, investigating in to all allegations made. In the course of the investigation he has to take into consideration the relevant material whether against or in favor of the accused"

If the IO is not doing his properly - then magistrate can be approach u/s 156(3) because investigation in 156 is not just a mechanical investigation but an effective/impartial investigation - the Court can make the necessary orders, the fact that CP has also recommended the same would go on to bolster your plea.

If the magistrate refuses to intervene, Writ Jurisdiction is open to you in the High Court.

Regards,

Adv. Bharat
Delhi High Court/Supreme Court.

anand (Querist) 06 May 2012
Thank you for a very through reply, Adv Chugh.

So, for a private complaint, are you indicating that only an appeal u/s 156(3) will change IO; even CP is not directly empowered to do the same?