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complainant's role in criminal investigation


Is there any provision in criminal procedure code, to apply to the court  if the complainant is influencing the investigation in such a way that he has taken over the investigation and the I.O. acts as per the instructions of the complainant. 

 
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Do you mean that complainant should have right to direct the IO on method or direction of investigation?

I think it is not possible.  IO is public servent having duties and responsibilities fixed by statute.  He/She is answerable to the LAW.

It is assumed that IO is an impartial authority (in practice it may not be the case) and finds out the TRUTH that is whether complaint is true or false and if complaint is true is who is real accused

 
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I know that no one can direct how investigation is tobe conducted. so, is the complainant allowed to interfere? what is the role /limit of the complainant in assisting the investigation.
 
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Complainant can bring all the facts related to the case to the notice of IO.

Complainant can even suggest where the additional evidence may be available.

If IO ignored the requests of the complainant (in writing) he can complain to the concerned magistrate

 
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If the complainant is misleading the I.O. by not providing actual facts,(collusion with I.O. to implicte the accused)   what is the remedy available for the accused.

 
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Originally posted by : ramamani

Is there any provision in criminal procedure code, to apply to the court  if the complainant is influencing the investigation in such a way that he has taken over the investigation and the I.O. acts as per the instructions of the complainant. 


Accused can bring to the notice of the majistrate that the inquiry report of the IO is biased and contrary to the facts.  Magistrate may dismiss the complaint.

If the magistrate does not dismiss the complaint accused can go to HC for quashing of FIR.

 
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Advocate

The complainant after lodging a complaint has got nothing to do to assist the IO in the matter except to cooperate with the IO during investigation.  The complainant can neither interfere nor dictate terms to the IO in connection with the complaint.  The IO will not entertain and should not encourage such issues, if the IO does it, then the IO is liable for legal action.

 
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