Special investigation team
Nirmal Singh
(Querist) 28 August 2013
This query is : Resolved
.In one important case Special Investigation Team has been constituted to investigate the case, as per order of Hon'ble High court. The members are(1) a Gazetted officer,who is 2nd head(2 I/C) of the dept. and has to do his daily official work(2) an Inspector of police who is well conversant with the law and investigation work (3) A Head Constable , reader of Inspector General of police, who is head of department, to whom the Hon'ble high court entrusted the investigation with a direction that he can form a special investigation team under his supervision. The Gazetted officer in-charge of team asked inspector to conduct investigation as his rank is of I.O and he himself is supervision officer of the team and has lot of official work in daily routine.whether investigation conducted by Inspector of police is as per law.? what he has to do as per law? he regularly informed the team members about the progress report of the case.Please comment and give further suggestions...Thanks
Devajyoti Barman
(Expert) 28 August 2013
You have not informed the nature of case and details of the order.
Since the HC has directed the investigation, its order needs to be seen whether the investigation is being carried out as per its directions.
If not then you can always revert to the court ans ask for status report.
Nirmal Singh
(Querist) 28 August 2013
In this case the accused is public servant posted as P.A to another Inspector General of Police,(now the I.G.P is on deputation with central Govt.)Case u/s 409 IPC was registered in 2011 against the accused. The police filed cancellation report under the pressure and direct influence of the said IGP.The complainant disagree with the cancellation report and the court sent the case for re-investigation/further investigation. during re-investigation the complainant file CRM-M in the High Court with a prayer to transfer the investigation to CBI/ UT POLICE etc and produce enough documentary evidence of interference by the said IGP.HIGH " COURT ORDER,..." however, investigation in this case needs to be insulated from the influence of respondent No.3, Who may have unintended or intended intention to help his personal assistant.The DGP is directed to ensure that investigation in this FIR is conducted by some independent officer, who would outside the influence of respondent no. 3...The DGP ordered the transfer of investigation to another IGP rank officer from another police unit, by saying that who may associate any other police officer(s)/personnel as a member of investigation team . The IGP further constituted SPECIAL INVESTIGATION TEAM COMPRISING OF ASSISTANT I.G, INSPECTOR AND HEAD CONSTABLE...
Guest
(Expert) 28 August 2013
Dear Nirmal,
If SIT team has been formed, it becomes incumbent upon all to participate and make contribution to the investigation one way or the other with no excuse that the Gazetted Officer has to complete daily routines of his own office work. The head of the investigation team has to jot down the necessary elements of the investigation and assign different duties to each individual team member in an an appropriate manner according to the importance of the job and the capability of the team members. Such assignments should normally be in writing, not by verbal orders.
I suppose, being inspector, you are one of the team member, whom the officer wants to entrust the duty of investigation.
So far as your query, "whether investigation conducted by Inspector of police is as per law," is concerned, there is no illegality. You should be aware that the investigation report would contain signature of all the team members and all the signatories of the report would be responsible for the correctness of inverstigation, even if the head constable conducts the investigation.
But, I feel, you have not been able to express appropriately, what actually is the point of objection from your side. If that loads the whole of the work on your shoulders then of course your grievance is relevant, as the excuse of office work of the officer has no relevance, so far the investigation is concerned. You may better raise your point humbly for equitable distribution of duties to all the concerned members. If the officer has assigned the job verbally, you can ask him to give authority in writing to conduct investigation solely by you.
Nirmal Singh
(Querist) 28 August 2013
Thanks Sir, The IGP, sought some written information after the formation of SIT, i.e what is the view point of complainant, what evidence has so far been collected by the SHO , which type of evidence is required to be collected in future course of action. He asked from the AIG only. The AIG in written asked me to comply and report. He also told me that he is supervision officer of the team and I have to conduct investigation and to collect all evidence. The head constable is reader of IGP, .He was inducted so that IGP may have information of day to day investigation. I think it will be appropriate to verify the investigation after each 15 or 30 days from the AIG by writing case diary from AIG. tHE pa REMAINED POSTED WITH SENIOR OFFICER THROUGH OUT HIS SERVICE CARRIER and officials of our dept hesitate to give statement so I issued notice u/s 160 Cr.pc and after recording the statement take BOND TO GIVE EVIDENCE IN COURT U/S 170(2) Cr.PC from each witness. whether asking AIG to verify the investigation will enough or otherwise,though, I am posted in sideline post commonly known as washing line, but they knows my working of being impartial and honesty towards investigation and could not succumb to any pressure at any cost....so I don't want to go beyond law...even I comply with the new amendment in Cr.PC SECTION 172(1-A and 1-B)SO PL. HELP AND GIVE YOUR PRECIOUS SUGGESTION..
Guest
(Expert) 28 August 2013
You may ask for formal assignment of specific job along with all other members to enable you to comply with law and also to keeping pace with the administrative requirement of conduct rules.
However follow the rule of maintenance of case diary effectively. develop an appropriate reporting system on a fixed interval basis from your side, irrespective of what may be the response from the high-ups, so that nobody feels the need to call for undesirable reports to unnecessarily waste your time in responding back to them.
Nirmal Singh
(Querist) 28 August 2013
thanks a lot, I am very grateful to you sir
Guest
(Expert) 28 August 2013
You are welcome.
Raj Kumar Makkad
(Expert) 28 August 2013
No more to add after reading the detailed replies.
Nirmal Singh
(Querist) 13 December 2013
Investigation of this case has been completed. Accused has been arrested and released to interim bail, till today i.e 13/12/13, but extended till 21/12/13 due to lawyers strike. Now the question is who will file the charge sheet u/s 173 Cr.PC., whether me as an inspector having power u/s 36 Cr.PC, or the IGP. to whom the investigation was entrusted, later he formed SIT under his own leadership. on 29/11/13 I gave a statement in the court that SIT is investigating the case and I am one of the member. Today status report was filed by me under my own signature and I contested the bail application u/s 438 cr.pc and requested the court to reject the bail application .custodial interrogation is must for recovery of official record. I myself interrogated the accused and case diary is written by me. what should be the next course of action to file the challan keeping in view of 36 Cr.PC. pl. SUGGEST.
Devajyoti Barman
(Expert) 13 December 2013
The charge sheet is to be filed under IGP.
YOu being IO can well prepare it u/s 173 crpc.
Nirmal Singh
(Querist) 14 December 2013
whether The IGP ( now Promoted to ADGP) will have to write a forwarding note / forwarding letter to the competent Court with the report u/s 173 Cr.PC along with documents, prepared by me as an I.O of Special Investigation team....???
Devajyoti Barman
(Expert) 14 December 2013
Yes, he will have to write forwarding note.
Nirmal Singh
(Querist) 14 December 2013
Thanks a lot....I am grateful to all of you for your precious legal opinion...
Nirmal Singh
(Querist) 18 December 2013
The accused in this case has started making complaints( Gummnaam) without his name so that I may not be able to present challan against him whereas investigation has been completed and it has been clearly established on record that he has committed a cognizable offence punishable u/s 409, 166, 201 IPC. He has also given representation to posted me out of special investigation team. both complaint and representation received at the same time in office...whether it is a violation of 438 Cr.pc
Devajyoti Barman
(Expert) 18 December 2013
If you have proof of their complicity then you can file petition for cancellation of bail through PP.
Nirmal Singh
(Querist) 18 December 2013
The complaints received in our office as well as all police offices throughout Punjab, but without sign.
Devajyoti Barman
(Expert) 20 December 2013
anyway there is no harm applying for cancellation of bail.
V R SHROFF
(Expert) 20 December 2013
No more to add AS the detailed replied BY ABOVE EXPERTS.
ajay sethi
(Expert) 20 December 2013
well advised by experts
Nirmal Singh
(Querist) 20 December 2013
Thanks a lot ...since the day I arrested him and released to interim bail he started making complaints as well as demand for removing me from SIT... I am GRATEFUL TO ALL OF YOU.........please
R.V.RAO
(Expert) 01 February 2014
well advised by LCI experts.
Nirmal Singh
(Querist) 02 March 2014
Challan in this case is ready...how can I follow procedure under section 158 Cr.PC TO SUBMIT CHALLAN UNDER SECTION 173 CR.PC IN THE COURT?
Nirmal Singh
(Querist) 11 March 2014
Please suggest about the section 173(3)Cr.PC, and can I file challan as a member of SIT..WHAT IS the PROCEDURE TO BE FOOLLOWED UNDER SEC. 158 CR.PC.? URGENT..PL.
