Refusal of investigation u/s 157 Cr PC

Res Jain Ji

Once the Magistrate has ordered the investigation then the OIC has no discretion. OIC is to report the findings to the Magistrate and OIC in no way hold the investigation. How a OIC can decide the on the order of superior person. Once the court has ordered the investigation then he is supposed to carry out the instructions in letter and spirit. If  If he does not them comtempt proceeding may be initiated against him. My reply to your other post will answer this question very clearly.

sanjeev

I may be wrong sanjeevji but first of all Magistrate is "no" superior to an OIC of P/S.

And

it is the OIC of P/S who has to form an opinion whether to there are sufficient grounds for investigation or not.

The defacto complainant can ofcourse file a protest petition.

Anmol Ji

I have been misunderstood. I wanted to stress on the fact that whatever are the findings of the OIC that must be reported to Court. OIC can not simply say no to investigations or can not sit on the order of Court. If the OIC makes the opinion that in his opinion it is not fit case for investigation he can report to Court. Then it it upto court to take decision. u/s 156(3) the court can take cognizance of application even by making own enquiry into the application having regard to documents submitted.

sanjeev

OIC has to carry out investigation and sbmit his report to the magistrate. Report may be prepared either way.