Petitioner places several Inspector in Charge of five P.S.
sankarnath
(Querist) 29 March 2014
This query is : Resolved
The petitioner mentioned the names of five IC of different Police Station as witness in application under section 156(3) Cr.P.C.
If it is a immature approach then what to be cited as defence, any section or ruling/precedent on the score?
Thanks in advance
Devajyoti Barman
(Expert) 30 March 2014
The police personnel can not be made witness in a petition u/s 156(3) crpc.
Dr J C Vashista
(Expert) 30 March 2014
Yes, the police will be directed to lodge FIR, if the court is satisfied that the complaint is required to be investigated by police, hence cannot be made witness.
T. Kalaiselvan, Advocate
(Expert) 30 March 2014
I agree with the opinions of experts on this issue. Police officers cannot be made as witness in petition u/s 156(3) Cr.P.C., let the concerned police station inquire and place their own witnesses.
Advocate. Arunagiri
(Expert) 30 March 2014
If those police officers are witnesses of any offense in their personal capacity, they can be called as witness.
But, 156 (3) is only a direction to police to register the case, if the court directs the SHO to register the case, the SHO will decide whom to add as witness.
Advocate. Arunagiri
(Expert) 30 March 2014
If those police officers are witnesses of any offense in their personal capacity, they can be called as witness.
But, 156 (3) is only a direction to police to register the case, if the court directs the SHO to register the case, the SHO will decide whom to add as witness.
