Guest (n/a) 22 February 2009
the trap laying officer took up investigation without registgering any case against the accused, which is bad in law in view of the recent judgements of ap. highcourt there was no fir before proceesing to the trap and that fir was regaisgered sjubsequetnly and the original fir was sent to this hon ble court after the the trap proceedings all these aspectes have to be seen and your honour has to give importance while deciding the case. here what is the important
Guest (Guest) 23 February 2009
Dear Mr. partha sarathy,
I do not find any infirmity in the investigation proceedings. You see it from another angle. The investigating officer /police received certain information and he laid a trap and in the trap, the person was caught. The investigating officer from the spot send the rukka to the police station through a police personnel and on the basis of the rukka, the duty officer at the police station lodge the FIR and send the FIR copy along with the rukka back to the spot for further investigation (which includes recovery of articles, preparation of site plan, recording the statements of the witnesses).
I think I am clear and correct.
Invite the suggestions of other members of this forum.
PALNITKAR V.V. (Lawyer) 23 February 2009
If the circumstances are such that immediate trap is necessary then what to do? The accused will escape if time is wasted in completing formalities like registration of FIR. Hence, some times i.e. in exceptional cases formalities have to do be done afterwords.
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