Shiv Kumar Sharma (Lerner) 20 June 2012
Respected Experts
I need your urgent help on foolowing two points :
(A) Wheather in a case the Preminillary enquiry officer , Complainant , and investigation officer would be same. Meanse One officer of police (ASI) can legally play all thease three role in any criminal case u/s 468 & 384 IPC
(B) Wheather a Police officer who do not have any knowledge of offence, can register a case as complainant .and ignore the actual complaint by actual complainant
With Regards
Shiv Kumar Sharma (Lerner) 20 June 2012
Dear Sir,
Please refer to some case law which may help in fighting with such irregularities
Shiv Kumar Sharma (Lerner) 20 June 2012
It is Urgent Please
himanshu harbola (Comp. Sec.) 20 June 2012
Dear Shiv,
Answer of both the queries you have is positive a Police officer can be a complainant as well as the investigation officer. The situation only arises where there is no complainant of an offence and Police Officer heads up to file the intial complaint and then further proceed with invetigation.
Thank You,
With Warm Regards,
Himanshu Harbola
ACS, BA LLB (Hons.)
Shiv Kumar Sharma (Lerner) 20 June 2012
Dear Sir,
In this case as I told the police has ignored the complaint of Victim, even not shown it on court file, thease facts admitted by IO in cross, even police dont have any knowledge of offence before the complaint by victim , In such cercumstances not registering the complaint of complainant in FIR u/s 154 (1) and filing a FIR under said section of CrPC by its own will is not the violation of sec 154 and if such FIR is a legal one ?
Help Please
With Regards
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