Investigating officer
Arvind Singh Chauhan
(Querist) 20 January 2013
This query is : Resolved
Sir,
AS the complainant can't investigate the matter.
whether witness of recovery who has singed the recovery memo can investigate the same matter ?? If yes how can it be called impartial investigation.?
Please Sir If such witness can't investigate the matter please refer the case law or relevant provision. In my matter such I.O is listed as the witness of recovery also.
R.K Nanda
(Expert) 20 January 2013
state full facts of case.
Arvind Singh Chauhan
(Querist) 20 January 2013
Sir,
Joint team of forest department seized the prohibited forest produce as saying accused has no license to keep this.
Accused has license to collect it, but he has no permit to carry this.
One Forest officer who was present at the time of recovery and signed the same, Filed the complaint producing a witness list in which his name is also included as witness of recovery. He has narrated all the story.
Raj Kumar Makkad
(Expert) 20 January 2013
Such witness canot become an investigating officer legally. law is nothing but a common sense. No judgment is required in favour of this natural justice, however, the citations can be traced out by visiting indiankanoon
Arvind Singh Chauhan
(Querist) 21 January 2013
Thanks Raj Sir but generally in lower label judicial officer does not apply natural justice or common sense they don't dare to pass order without relying on law or citation. I am searching but found unable, please do care of me and provide if you can.
Even they don't think that every people of our society is not in the position of filing appeal due to their economic condition and accepts the conviction any way.
Raj Kumar Makkad
(Expert) 21 January 2013
With due rspect, I don't feel agree with you. Even though there is lot of degradation in society and judiciary is also not an exception but still the pillars of impartial and thoughtful and even wise judicial officers are intact in lower judiciary. Excepts are every where but over all situation is not so grim as you have told to me.
