Can a police eye witness of an incident become an IO of a case or not? Judgement?
Pinky (Housewife) 01 February 2024
Can a police eye witness of an incident become an IO of a case or not? Judgement?
Pradipta Nath (Advocate) 06 March 2024
The witness of an incident cannot become the investigating officer of that particular case. This is agaisnt the principle of natural justice.
Sudhir Kumar, Advocate (Advocate) 07 March 2024
please give facs of the case.
Kartikey Tiwari 09 March 2024
in the case of Bhaskar Ramappa Madar, the matter has to be decided on a case to case basis without any universal generalisation. As rightly held by this Court in the case of V. Jayapaul, there is no bar against the informant police officer to investigate the case. As rightly observed, if at all, such investigation could only be assailed on the ground of bias or real likelihood of bias on the part of the investigating officer the question of bias would depend on the facts and circumstances of each case and therefore it is not proper to lay down a broad and unqualified proposition that in every case where the police officer who registered the case by lodging the first information, conducts the investigation that itself had caused prejudice to the accused and thereby it vitiates the entire prosecution case and the accused is entitled to acquittal.