Is it mandatory in the law, for the I.O. to prepare Inquiry Note of the accused, even if the I.O. is heading towards cancellation of F.I.R registered u/s 354 IPC against the accused.
Experts kindly guide🙏
Yes it is mandatory under law to make an inquiry note of an accused by the investigation officer as according to section 169 of crpc, a report called closure report has to be made by the investigating authorities. The said report has to be produced before the magistrate with all the evidences that there exists no ground to convict the accused. Moreover, the magistrate has the power to accept or reject it (NK Rai vs CBI).
Offence under section 354 is considered to be a very heinous offence as it relates to the disrespect of woman and in such cases inquiry becomes necessary as many a times false cases are filed and the law itself does not describe what actually amounts to outraging a woman's modesty, but it is determined by the courts as per the circumstances of the case ( Raju Pandurang Mahale vs State of Maharashtra, 2004).
Thus it becomes necessary for the authorities to inquire about the same before taking an action like quashing of FIR for such an act. Further some evidences may erupt from the cross examination which could favour you for aquittal as the victim's statement may differ.
