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Limitation of police

(Querist) 05 October 2011 This query is : Resolved 
I had heard some argument by an advocate that Supreme Court had held in certain case(s): "Police cannot sit as judge and give judgment". At that time I did not think it worthwhile, but I need the details now.

Can anybody able to give the citation etc for my present use, please.

Thanks



Advocate. Arunagiri (Expert) 05 October 2011
"Police cannot sit as judge and give judgment"

I never heard of such a judgement.
Shailesh Kr. Shah (Expert) 05 October 2011
Can you tell for what purpose?
Guest (Expert) 05 October 2011
I never heard..
Arun Kumar Bhagat (Expert) 05 October 2011
A very general comment.
prabhakar singh (Expert) 05 October 2011
Can you give some more clue to trace otherwise what you heard is true as a statement,no verification required.
R.Ramachandran (Expert) 05 October 2011
But what is your fact situation - where the police is sitting in judgement?
Raj Kumar Makkad (Expert) 05 October 2011
There is no need for supreme court to say so because this is a thing of general knowledge.
vijayan (Expert) 06 October 2011
police is the part of prosecuting agency which is making allegation and accusation who can not judge impartially. keep in mind, police is always standing on one side, that is their own prosecuting side and accused is always standing on his own side. A judge shall be impartial. refer some fundamental rights and look the meaning of judge and judgment in a good dictionary.
V.N.K. MENON (Querist) 06 October 2011
Thanks friends. Collective wisdom is the best. Experts, m.May i give some more clarifications, pl?


“A” filed a suit for specific performance against heirs of “B” since “B” unexpectedly died before registering property documents but after taking money in good faith as he was in good relation and in dire need. But “B” had executed POA and given receipt (duly notarized) on the understanding that it will be registered after getting necessary permission ( being agricultural land used for charitable school).

B’s heirs alleged documents are fake and with the help and bribing SHO, referred the matter to EOW though property value was much below Rs.1 Crore . A had already submitted analysis by private lab of documents proving genuineness in the Counter. With the help of money-power B got the documents sent to CF Lab Delhi for analysis. EOW is saying that CFL report is against A. Looking to the history of CFL Delhi ( in Jessika and case, Sr. Adv. Shantibushan’s case et c etc.) there is no fair-play. In the circumstances in what way is open to EOW can proceed further. My query is in this regard.
dev kapoor (Expert) 06 October 2011
Unheard of, Sir.Bribery is ruling the roost,no doubt but 'police cannot be the judge of anyone's case' Indeed this cannot be ruled out that they decide the cases in P/S with their might or color.But that is always assailable before a court of law.Nvr worry go ahead.


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