Io

Arvind Singh Chauhan (Querist) 02 October 2012 This query is : Resolved
Sir,
witness of arresting and recovery, who has signed on recovery memo, is IO also. Whether it is a lacuna of prosecution.

PLZ refer citation on this point if any, in favour of defence.

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R.K Nanda (Expert) 02 October 2012
state query clearly.

Arvind Singh Chauhan (Querist) 03 October 2012
Sir one forest officer who was one of arresting personal and who recovered the forest produce from accused and signed the recovery memo. He investigated the same matter later and filed charge sheet. Whether he can ?

general rule is that, if complainant is police officer, he can't investigate the matter and investigation is transferred to another officer.

Arun Kumar Bhagat (Expert) 02 November 2012
Sec. 100 Cr. P.C.

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