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Jagbir Malik   25 May 2016

Evidence of inquiry officer u/s 176 of Cr.pc

In a case of coustodial death an inquiry was conducted by the then ld. CJM on the orders of Session Judge on a letter from SP to session judge. In its inquiry report submitted to session judge the inquiry officer held the police officials for causing death of deceased while in coustody. A case was registeted with the police but the police submitted the closer report in the case to save the skin of guilty police officials. On the other hand the complainant filed a private complaint under section 302 /34 IPC before the ilaqua magistrate to take cognizance of offence and examined witnesses in the case including doctors and eye witnesses. Now Sir I just want to know 1. Whether the presence of the inquiry officer is legally required in the case as a witness to prove the inquiry report u/s 176 of cr. pc. 2. Whether the evidence of court clerk is sufficient to prove the signature of the inquiry officer and also to prove that the inquiry report is signed and prepared by the inquiry report by idientifying his signs.


 2 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     26 May 2016

The Inquiry Officer will be summoned by the court for his evidence.The court clerk has no part to play in the trial.

Jagbir Malik   26 May 2016

In cases of arms act it is the district magistrate who sancted the prosecution of the accused never comes in court to prove the sanction letter on the case file. Some person from the office of the same come in court to prove the sanction letter only to the extent that the same is signed and issued by the then DM and whose signatures on the sanction letter i idientify. Similar in FSL report case the chemical examiner does not come for evidence and the fsl report is exibihited. Apart from in the cases of statements u/s 164 Cr. Pc the copies of statement is exhibited and the Magistrate there does not make any statement in court. Now i just want to know about the presence of the witness or his exemption from appearance and in his absence whether the report submitted into evidence will or not have the evedential value on the issue. Please mention the case law, releveant provisions of law and the case authorites on the point.

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