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manu (advocate)     25 October 2008

investigating officer


can complainant himself be investigating officer in a criminal case???

pls suggest relevant provision of law and citations on this issue.




 6 Replies

K.C.Suresh (Advocate)     26 October 2008


Pl go through Xavioer v. State of Kerala 1998 Cr.L.J 3182m Bhagawan Singh v. State of rajasthan 1975 SCC (Cr.) 737/1976 Cr.L.J 713

Sec. 2 Cr.P.C deals with Complaint, Police officer and invstigation. Sec.156 CrPC deals with the power of oinvestigating officer. But no where it is debarred. But the question of fairness is the important aspect in an investigation.

N.K.Assumi (Advocate)     26 October 2008

Yes,but his evidence will be looked into with great caution. But normally he should not investigate.

GOPAL SINGH SAINI (ADVOCATE)     26 October 2008

Private complaint himself not investigation. When acomplaint has been fild and sent to 156(3)Cr.p.c to register the F.I.R. than I.O. register the case investigation the matter like a state.

prof s c pratihar (medical practitioner &legal studies)     26 October 2008

s 156(3) clearly says the words'"officer in charge of the police station "to conduct investigation.for the ends of justice ,o/c is not going to deligate  an officer who is a complainant to investigate.such impression has been given by sr members in a negative way.(ramsaran natiyal vs state of uttarkhand 2006 Cri L J Utr.)

Anil Agrawal (Retired)     13 November 2008

 Can you reproduce what Justice Mulla of Allahabad High Court said 50 years ago about the police?

Anil Agrawal (Retired)     19 March 2009

 Justice Anand Narain Mulla of the Allahabad High Court nearly half a century ago is often quoted even today. He said: “There is not a single lawless group in the whole of the country whose record of crime comes anywhere near the record of that single organised unit which is known as the Indian Police Force..”

The Supreme Court in its wisdom said that the remarks are too sweeping and expunged them. Legally, yes. To the common man, the remarks still ring.

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