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Swami Sadashiva Brahmendra Sar (Nil)     18 June 2009

Investigation and natural justice

A police inspector while routine cheking found an invalid fire arm and some other illegal materials from the custody of a person and lodged an FIR. after investigating the case he submitted report u/s 173 CrPC. Can the chargesheet be challenged on the ground that the same officer who was informant , could not investigate the case?



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 7 Replies

N.K.Assumi (Advocate)     18 June 2009

As per Gholtu Modi and etc vs State of Bihar 1986 CrLJ 1031 at page 1033 the informant can not take up the investigation in his own hand. 

V.V.RAMDAS (Advocate)     19 June 2009

Sir,

The informant officer can invesigate the case as per section 157 Cr.P.C and the citeation will be provided latter.

PARTHA P BORBORA (advocate)     19 June 2009

an officer who filed the FIR can also investigate a case if there is no other police officers present at  the time of ocurance and the curcumstance  demands to register a case forthwith for the ends of a fair investigation. it is not void or fatal to prosecutioin. the view of the Apex Court is that such practice only be allowed in spacial curcustances as stated above. 

N.K.Assumi (Advocate)     19 June 2009

If the informant officer can investigate the case what is the use of making an information of the crime, he can straight away investigate the case as provided under section 156, and any illegality committed thereon can be cured under section 156(2).

atul kumar (SERVICE)     19 June 2009

The defination of the term Human Rights should be redefined, how the sacred human rights are available to a dread criminal, who are guilty of several murdes.

V.V.RAMDAS (Advocate)     19 June 2009

Dear Tripathy Sir,

section 157Cr.P.C says that "If, from information received or otherwise, an officer in charge of a Police station has reason to suspect the commission of an offence which he is empowered under Section 156 to investigate , xxxxxx etc" So or otherwise includes & means -he himself as a informant  can register a case and can investigate.  But  there are  contra dictory SC rulings . which are given below:

Narpal Singh  V. State of Haryana,AIR 1977 SC 1066,

Bhagawan Dayal Piarey Lal   V  State 1968 Cri L.J 1028 where in it is stated that the practice of investigation being conducted by the same officer, who happens to be an ocular witness, is looked with disfavour when the same offiver, who calims to have witnessed the incident, investigates then his evidence  has got to be looked with great caution.  

B.N.Rajamohamed (advocate / commissioner of oaths)     21 June 2009

 

Certainly! because, the apex court has ruled that, a complainant who himself is a n informant cannot be an investigating officer.


 
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