is it mandatory for the prosecution to examine the constable who submitted fir to the jurisdictional magistrate??
any rulings in this regard??
It is not fatal to prosecution.
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.
I do agree with Mr. Assumi. Thanx Mr. Assumi, for providing such valuable judgement.
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.
Thanks For The citation but i couldn't find the hole context of the judgment so pls learned member can u post it here.
" 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.
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