Who is IO in 498a DSP/SHO/IO
Arka Foundation
(Querist) 29 May 2011
This query is : Open
Who is IO in 498a DSP/SHO/IO based on the citation
Crl.OP.No. 32871 of 2004 And CRL.M.P.NO.10462 OF 2004 AND OF 2005) which states who can investigate a 498A case:
if so, can i recommend my clients to go 4 quash placing this citatiaon on reliance.
Brief of citation
oficers With Authority To Investigate 498A Cases:
a myth that officers of the rank of DSP are the only ones empowered to investigate 498A cases. Here is a g from the Chennai High Court
Crl.OP.No. 32871 of 2004 And CRL.M.P.NO.10462 OF 2004 AND OF 2005) which states who can investigate a 498A case:
“The further contention of the learned counsel for the petitioners that the investigation should have been done only by the Deputy Super intendent of Police who is defined as police officer under the Rules and not by the Inspector of Police, cannot be countenanced. The Rule is a subordinate legislation and the provisions under the Criminal Procedure Code give full power on the Inspector of Police to proceed with the matter and apart from that, the definition for Police officer would clearly reveal as submitted by the learned Public Prosecutor that nowhere there is a prohibition that below the rank of Deputy Superintendent of Police shall not exercise the power to investigate the case and hence the contention of the learned counsel for the petitioners in this regard cannot be countenanced.”
Please answer..
