Investigation vs inquiry in a criminal case
Nirmal Singh
(Querist) 07 August 2013
This query is : Resolved
A Police officer is conducting investigation of a criminal case after registration of FIR. The accused submitted an application before the SSP requesting him that he is innocent. The SSP marked the inquiry to the DSP. Now investigation is conducted by Inspector or sub inspector and inquiry of the same case is conducted by DSP. Now the below mentioned question is arise which need accurate answer.
1}Under which provision of law inquiry is conducted by DSP and what is the legal value of inquiry conducted by DSP, when investigation is going on ?
2)whether the DSP can stay investigation conducted by I.O?
3)whether the finding of the DSP is applicable on investigation.?
4)whether on the basis of inquiry the I.O can exonerate or challanned the person against whom FIR is registered..?
5)under which provision of law DSP who conducted inquiry can write case diary about his inquiry?
6)Normally this process is being followed in all over India, what is legal procedure? PLEASE mention reportable case /authority of the Hon,ble Supreme court or High Court.
Nadeem Qureshi
(Expert) 07 August 2013
Dear Querist
you should contact a lawyer personally.
Raj Kumar Makkad
(Expert) 07 August 2013
1. The enquiry is an administrative matter and if the the result of the enquiry is otherwise, the IO has to follow it and such enquiry is not in derogation of investigation rather in addition to it so that proper investigation may be made.
2. Yes but such enquiries do not take a long time and are disposed off within a very short period of a week.
3. Yes.
4. Yes.
5. Under Police Act.
6. Search indiankanoon.org for the purpose of relevant judgments.
Rajendra K Goyal
(Expert) 08 August 2013
Agree with the Expert raj kumar makkad ji. Nothing more to add.
