manu (advocate) 08 March 2009

non examination of police

sirs/mams

is it mandatory for the prosecution to examine the constable who submitted fir to the jurisdictional magistrate??

any rulings in this regard??

regards

manu

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6 Replies

K.C.Suresh (Advocate) 09 March 2009

It is not fatal to prosecution.

N.K.Assumi (Advocate) 09 March 2009

Different matters relating to FIR has been rendered by the Supreme Court by Chandchud,CJ, And O.Chinnapa Reddy,J. in (1983) 2 SCC 411. Go through the case and you will find the answers.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA) 09 March 2009

I do agree with Mr. Assumi. Thanx Mr. Assumi, for providing such valuable judgement.

B.N.Rajamohamed (advocate / commissioner of oaths) 06 April 2009

Such non examination will not create any doubt on the prosecution story hence, that will not affect the prosecution case. Evidence of the Investigation officer itself is sufficient.

pratik (self working) 15 March 2011

Thanks For The citation but i couldn't find the hole context of the judgment so pls learned member can u post it here.

God Bless.

Arup (UNEMPLOYED) 16 March 2011

" is it mandatory for the prosecution to examine the constable who submitted fir to the jurisdictional magistrate?? "

-- ANY OF THE PARTIES MAY DEMAND TO examine the constable who submitted fir. A little doubt should be created about the truthfulness of the fir done by the said constble.