Investigation of trap case

YP Singh (Querist) 07 August 2013 This query is : Resolved
Dear Sir,
A Seven member CBI team headed by an Inspector of Police rank official laid a trap to catch a central Govt official. One member of the team says Mr ‘X’ (Sub inspector) who also signed the paper related to trap was got his promotion & promoted to the post of Inspector of Police. After the promotion Mr ‘X’ appointed the IO (Investigation officer) of the case and submits the charge sheet in the Hon’ble court.
In this scenario may I request to Know “ whether the investigation carried out by Mr ‘X’ is accordance to Law & hold Good in the Law or it is bad in the law as he had investigated a trap case headed by his senior officer.
It is also requested to suggest the judgments in support off (if any)

Regards
Singh YP

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Guest (Expert) 07 August 2013
It is bad in law. For the purpose of impartial and unbiased investigation, the I.O. should be different than any of the members of the trap team. You may better raise objection in the CBI court and make a request for scrapping of the charge sheet.

Rajendra K Goyal (Expert) 07 August 2013
Agree with the expert PS Dhingra ji. Nothing more to add.

R.K Nanda (Expert) 07 August 2013
nothing to add.

Raj Kumar Makkad (Expert) 07 August 2013
Though the accused cannot get much benefit out of such situation as courts dont pay much reliance on such pleas but even then there is no harm to make representation to that regard.

Sudhir Kumar, Advocate (Expert) 29 August 2013
It is internal policy of CBI to make someone else as IO. No such provision in PC Act or CrPC.

Sudhir Kumar, Advocate (Expert) 29 August 2013
Facts are scattered on many threads :

http://www.lawyersclubindia.com/experts/Suspension-419181.asp

http://www.lawyersclubindia.com/experts/Investigation-of-Trap-case-413881.asp

http://www.lawyersclubindia.com/experts/Legality-of-signature--417856.asp

http://www.lawyersclubindia.com/experts/Signature-388006.asp

http://www.lawyersclubindia.com/experts/suspension-419181.asp#.Uh9S63_Qzmk

He simply want to take test of experts expecting them to hunt fact of his case and then respond on which

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