Nitish Banka

    • Free and Fair Investigation Soul of Criminal Trial

    अगर IO मेरे मामले की जांच ठीक से नहीं कर रहा है तो मैं क्या कर सकता हूं?

    What is Free and Fair investigation?

    The concept of free and fair investigation is very wide. It depends on various aspects. It has different meaning for complainant and a different meaning for accused.

    Ground for Free Investigation in case of complainant

    1. Delay in Filing Chargesheet

    Even after months of registration of FIR there is no chargesheet in the case and IO. is not even transparent with respect to the status of the investigation in the case, the delay in filing chargesheet is a ground to question the investigation.

    For this the matter is first reported to the senior officer and than it can be reported to High Court.

    2. No investigation

    Even after months of registration of FIR there is no Investigation in the case and IO. is not even transparent with respect to the status of the investigation in the case, the delay in investigation is ground to question the conduct of police.

    For this the matter is first reported to the senior officer and than it can be reported to High Court.

    3.Accused influencing witnesses

    The accused person can influence or in legal language we can say that the accused person can won over the witnesses. Which were giving statement in favor of complainant. The delay in investigation can also result in this. The delay in investigation is one ground and this is the result of the delay. Therefore after registration of FIR recording of witness statements on immediate basis is an important part and if this is breached party can approach High Court.

    4. Biased Investigation

    Biased investigation is one of the deficiency in investigation, wherein the IO says to the complaiunant openly that the case has no merits and they will close the case without investigation. It will seem that the IO is biased in investigating the case and concluded the case without any logical investigation which is a ground for questioning the investigation in the court of law.

    Ground for Free Investigation in case of Accused.

    1. Delay in Filing Charge sheet

    The delay in filing charge sheet is the ground to question the investigation which acts as a ground for complainant and accuses. The right of speedy trial is available in favor of accused. As accused will be on Bail or in Jail it affects the right to life and liberty of the accused also and he can demand speedy investigation and trial.

    2. No 41 A compliance

    The compliance of 41 A is mandatory in case the IO wants to arrest accused in some offences. IO miss this important part which can be challenged by the accused.

    3. Threat of Arrest

    Io is threatening the accused every time the accused talks to IO or IO talks to accused. the IO. may be looking for illegal gratification in such cases and this acts of IO. can be complained to higher authorities, ACB etc

    From-:

    Adv. Nitish Banka

    9891549997