LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
The Indian Constitution Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Dharam Chand Jain (Inspector General of Police)     03 June 2010

Refusal of investigation u/s 157 Cr PC

Under Section 157 (2) Cr PC officer in charge of a police station may decide not to proceed with investigation of a cognizable case under sec. 156 (1) cr pc, if he does not deem it fit for investigation. Of course he has to record reasons for the same. Can above recourse is also available to the OIC in a FIR which has been registered on orders of a magistrate u/s 156(3) Cr PC? Is there any supreme court ruling on this?

D. C. Jain,

IG, ACB, Jaipur.



Learning

 4 Replies

SANJEEV KUMAR (STUDENT)     03 June 2010

Res Jain Ji

Once the Magistrate has ordered the investigation then the OIC has no discretion. OIC is to report the findings to the Magistrate and OIC in no way hold the investigation. How a OIC can decide the on the order of superior person. Once the court has ordered the investigation then he is supposed to carry out the instructions in letter and spirit. If  If he does not them comtempt proceeding may be initiated against him. My reply to your other post will answer this question very clearly.

sanjeev

Anmol Sharma (advocate)     04 June 2010

I may be wrong sanjeevji but first of all Magistrate is "no" superior to an OIC of P/S.

And

it is the OIC of P/S who has to form an opinion whether to there are sufficient grounds for investigation or not.

The defacto complainant can ofcourse file a protest petition.

SANJEEV KUMAR (STUDENT)     04 June 2010

Anmol Ji

I have been misunderstood. I wanted to stress on the fact that whatever are the findings of the OIC that must be reported to Court. OIC can not simply say no to investigations or can not sit on the order of Court. If the OIC makes the opinion that in his opinion it is not fit case for investigation he can report to Court. Then it it upto court to take decision. u/s 156(3) the court can take cognizance of application even by making own enquiry into the application having regard to documents submitted.

sanjeev

1 Like

Vijay Kumar (Advocate)     12 June 2010

OIC has to carry out investigation and sbmit his report to the magistrate. Report may be prepared either way.

1 Like

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query