Home | Legal Advice | Criminal Law | Police officer doing unfair investigation under pressure

Police officer doing unfair investigation under pressure

Shivendra Pratap Singh

Advocate

05/02/2021/ 2:52:40 PM

Reading Time:

Police officer is doing unfair investigation under political pressure. He is protecting the accused and manipulating the vital evidence. What should I do in this circumstances? My advocate says that I should file a writ petition before the High Court. Can the High Court direct the investigating officer to do fair and unbiased investigation?

Question from: Punjab

Just and fair investigation is a fundamental right under Article 21 of the Constitution of India. In Menka Gandhi vs. Union of India AIR 1978 SC 597 the Supreme Court held that procedure in criminal trials must be right, just and fair. So, you can approach the High Court for directing the investigating officer to do a fair investigation. You can file a writ petition under Article 226 of the Constitution of India.

Remedy against unfair investigation

The code of criminal procedure 1973 provides a remedy against unfair, improper or biased investigation. It is primary duty of the investigating officer to conduct a fair investigation [Mohd. Yousuf vs. Smt. Afaaq Jahan (2006) 1 SCC 627]. When police officer doing unfair investigation or takes favor of accused or ignoring material piece of evidence it casts a shadow of doubt on the investigation.

The code of criminal procedure (crpc) empowers the judicial magistrate to ensure just, right and fair investigation. If judicial magistrate finds that police is not doing proper investigation then he can exercise its power under section 156(3) crpc. The magistrate can pass appropriate order under Section 156(3) crpc to insure fairness of investigation. He has the right to monitor the investigation under that section.

In Sakiri Vasu vs. State of U.P. and others (2008) 2 SCC 409, the Supreme Court held that Judicial magistrate can monitor the investigation under section 156(3) crpc. Therefore, you should first approach the judicial magistrate instead of High Court.

What to do if police officer doing unfair investigation?

You should move an application before the judicial magistrate under section 156(3) crpc for calling the case diary and progress report of investigation. The investigating officer (IO) will produce the case diary and inform the court about the steps he has taken during the investigation. You can invite the attention of the court that police officer is doing unfair investigation.

You must show that which vital evidence has been eliminating by him during the investigation. If the court finds some defects in investigation it can direct the IO to remove those defects. The court can order to collect certain evidence, record statement of eye witness or any order which he thinks fit and proper in the case.

If such an application under Section 156 (3) is filed before the Magistrate, the Magistrate can direct the FIR to be registered and also can direct a proper investigation to be made, in a case where, according to the aggrieved person, no proper investigation was made. The Magistrate can also under the same provision monitor the investigation to ensure a proper investigation.

Sakiri Vasu vs. State of U.P. and others (2008) 2 SCC 409

File an application u/s 156(3) crpc

Therefore, you should not directly move a writ petition before the High Court. Move an application under section 156(3) crpc instead of a writ petition. The High Court does not entertain a writ petition if alternate remedy is available in the subordinate court. Section 156(3) provides effective remedy against improper or unfair investigation. So, you should avail this remedy before approaching the High Court.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

Transfer cheque bounce case to my current place of living

Question: I want to transfer cheque bounce case to my current place of living. I took a personal loan from Kotak Mahindra Bank for 4 lacs and had been paying EMI for up to 19 months and due to COVID and loss of job. After the moratorium, I am not able to pay my emi....

How to lodge FIR in loss of mobile phone?

Question: I am from Kolkata. my Phone has some last memories of my grandma. I lost my mobile on 16.05.2022 and my mobile rang for about 6 hours and then switched off. How to lodge FIR in loss of mobile phone? Obviously it's switched off by someone. I went to the local...

Can I file FIR against husband in delhi for bigamy?

Question: Our marriage solemnised in the UAE. My husband is working in the UAE. After I got married in UAE on 5th Feb 2022 I came to know that I have been cheated. My husband was married 2 times before Married to me. He has not dissolved his previous marriage. Can I...

Physical assault from my boyfriend

Question: Physical assault from my boyfriend. I went to the police station for an FIR but they refused to lodge. They said to approach the court and file the complaint. As I was afraid he could do the same to me, I left him and went to my place as we are living in a...

Withdraw criminal case in the absence of accused

Question: Is it possible to withdraw a criminal case in the absence of an accused? Hi Sir, My sister in law filed two cases against my brother which were 1. Warrant of Summons Criminal Case, IPC none 2. Criminal Misc. Cases, IPC. For one of them I've received court...

Search and arrest by police in a different state

Question: The police of Uttarakhand come to Uttar Pradesh, search and arrest a person under NDPS Act. Police of Uttarakhand become the complainant of the case. Can they really do so? Search and arrest by police in a different state is possible or not. Asked from:...

Can we prove our absence through the CRD?

Question: We are facing the false family matters cases at Jhansi courts. Can we prove our absence through the CRD? Can I get it from the court? Date of incidence on record is 23.06.2019 at Jhansi. But we weren't in Jhansi at that time. In Fact we were at our...

Can the court quash the FIR lodged under Section 468 IPC?

Question: Allegation made under 468 IPC. Now the parties have settled the matter. But the trial is proceeding. So can we quash the case? Can the court quash the FIR lodged under Section 468 IPC? Asked from: Uttar Pradesh Section 468 of Indian Penal Code is a non...

A guilty person can lodge an FIR

Question: I want to know if a guilty person can lodge an FIR? If I beat someone due to harassment or any other criminal activity and an FIR is lodged against me, can I still lodge an FIR against the person I have beaten for his activity? Asked from: West Bengal Guilty...

Can I lodge an FIR after ten years of incident?

Question: My boyfriend had raped me in my PG when I was studying in engineering college. Now I have joined a multinational company and am working in Bangalore. He has traced me and is now trying to establish a relationship. I am married and a mother of two childs. Can...

Whether prostitute’s customer commits offence

Question: Police is calling prostitute’s customer. The police said that it is an offence under Section 3/4/5/7 of the Immoral Traffic Prevention Act. I want to know whether prostitute’s customer commits offence if he had sex with her? Mrs X is doing some sort of...

Kanoonirai has been advising in legal issues since October 2014. You can consult a lawyer through online media, telephonic consultation and video conferencing.

Contact

mail[at]kanoonirai.com
+91-91400-4[nine][six]54