A friend of mine is a police man and they are facing this strange problem. There was an officer of the government who did not do his duty as a booth level officer, during electoral roll revisions. The district electoral officer submitted a complaint to the police stating that he may be arrested under section 32 of representation of people act 1950. they tried to register the act under 134 representation of people act 1951 but eventually registered it under section 32 of Representation of people act 1950.
they registered a case and arrested the person concerned thinking it to be a cognizable case. however the accused got bail as he objected to the fact that the complaint can only be made by the election commission or the State electoral officer and not district electoral officer. he got bail and the case is under investigation. My friend was then made incharge of the case.
Now the question is what remedy lies with the police for having treated a non-cog case as a cognizable case.
thanking you
