Menu
keyboard_backspace
ask a question ask a question
Get Realtime Updates of your Request. Download Vidhkarya App

Ask a Question - Free Legal Advice

Q.SHO FILES INQUIRY REPORT TO ACP AGAINST HIMSELF
Administrative Law (420)
Adoption (118)
Advertising (45)
Animal Laws (38)
Arbitration and Mediation (38)
Aviation (15)
Banking (518)
Bankruptcy and Debt (171)
Cheque Bounce (377)
Child Custody (147)
Civil (1943)
Commercial (68)
Consumer Protection (547)
Contracts and Agreements (450)
Corporate and Incorporation (91)
Criminal (1517)
Customs, Excise (34)
Cyber, Internet, Information Technology (318)
Debt and Lending Agreement (76)
Debt Collection (138)
Divorce (468)
Divorce and Separation (1599)
Documentation (298)
Domestic Violence (546)
Election Campaign and Political Laws (20)
Employment and Labour (1045)
Environment and Natural Resources (29)
Family (1850)
Financial Markets and Services (89)
Government Contracts (51)
Human Rights (255)
Immigration (51)
Industrial Laws (51)
Insurance (67)
Intellectual Property, Copyright, Patent, Trademark (98)
International Laws (11)
IT Contracts (41)
Juvenile (17)
Landlord and Tenant (564)
Licensing (21)
Mail Fraud (14)
Maternity (57)
Media, Communication, Entertainment (16)
Mergers and Acquisition (20)
Military Laws (9)
Motor Accident (132)
Muslim Laws (56)
Outsourcing Agreement/Laws (5)
Partnership (56)
Police Laws (60)
Power of Attorney (74)
Privacy (89)
Property (2735)
Real Estate (400)
Registration (134)
RTI (110)
Sale (57)
Sale of Goods (20)
Sex Crime (136)
Sexual Harassment (6)
Sexual Harassment at Workplace (69)
Software License (4)
Tax (13)
Tax-GST (6)
Tax-Income Tax (22)
Tax-Property Tax (30)
Telecommunication (10)
Torts (16)
Transportation (49)
Trust and Society (NGO) (80)
Will (142)
Work Permits (30)

Q. SHO FILES INQUIRY REPORT TO ACP AGAINST HIMSELF

Placeholder image

Anonymous

posted 11 months ago

Dear Sir,
I filed a complaint against the SHO, ATO, AND SI to vigilance, DCP etc. against charge sheet filed by them, "not in proper sections that attract against the accused persons, collusion with accused persons and other lacunae" in filed charge sheet.
Then i filed a RTI asking the DCP for action taken on my complaint against the SHO & othrs. Shockingly i got the Enquiry report document in RTI reply prepared by the same ACCUSED SHO stating that the enquiry has been done and charge sheet has already been filed in hon'ble court hence complainant free to approach the hon'ble court if he (I am) is not satisfied with the filed charge sheet.
We are having the next hearing on 23rd of June on misc. application by me to get the Status Report on the additional charge sheet to be file by police and other allegations against the SHO & othrs such as collusion with accused people and protest petition in same case.

Q1.) Do SHO is eligible to file the enquiry report to ACP on complaint which is made against same SHO and others of the same PS?
Q2.) Can i show that RTI document to hon'ble judge and ask him to take the cognizance against SHO AND OTHERS.
Q4.) Please suggest other request/actions we can ask the hon'ble court on next hearing against SHO and others police staff and other accused people in the case.
Share this questionShare Icon

Showing 3 of 3 Responses

A. No one can be judge in his own case. Move High Court under 482 Crpc and set aside the inquiry report and file pray for reinvestigation

Found Helpful
Found Helpful
Share this answerShare Icon

GANESH SHARMA

Experience: 3 Year(s)

Responded 10 months ago

View All Answers
Reply Here

A. Magistrate is not bound to accept charge sheet as it is.He can take cognizance even of those sections, which are not mentioned in the charge sheet.If Magistrate does not take cognizance in relevant sections, u can approach high court.So far as inquiry by SHO is concerned, while magistrate can't direct any one other than SHO to conduct an enquiry because of his limited jurisdiction, at the same time, SHO cannot conduct inquiry an against himself or where his own conduct is in question.
U can further seek better and personal consultation from me through Vidhikarya as criminal law is my field of specialization.

Found Helpful
Found Helpful
Share this answerShare Icon

Nirmal Chopra

Experience: 20 Year(s)

Responded 11 months ago

View All Answers
View {{count[1]}} Reply
Placeholder image

Anonymous

Replied 11 months ago

Thanks for your esteemed advice sir.

Reply

A. Dear Sir,
My answers are as follows:

Q1.) Do SHO is eligible to file the enquiry report to ACP on complaint which is made against same SHO and others of the same PS?
Ans: Really it is shocking, you ought have complained to Commissioner of police.

Q2.) Can i show that RTI document to hon'ble judge and ask him to take the cognizance against SHO AND OTHERS.
Ans: Yes, you can file application unders 319 of CRPC.

Q4.) Please suggest other request/actions we can ask the hon'ble court on next hearing against SHO and others police staff and other accused people in the case.
Ans: Such erring police officers may be added as accused. The law is as follows:
===================================================================================================
Section 319 in The Code Of Criminal Procedure, 1973
319. Power to proceed against other persons appearing to be guilty of offence.
(1) Where, in the course of any inquiry into, or trial of, an offence, it appears from the evidence that any person not being the accused has committed any offence for which such person could be tried together with the accused, the Court may proceed against such person for the offence which he appears to have committed.
(2) Where such person is not attending the Court, he may be arrested or summoned, as the circumstances of the case may require, for the purpose aforesaid.
(3) Any person attending the Court, although not under arrest or upon a summons, may be detained by such Court for the purpose of the inquiry into, or trial of, the offence which he appears to have committed.
(4) Where the Court proceeds against any person under sub- section (1), then-
(a) the proceedings in respect of such person shall be commenced a fresh, and the witnesses re- heard;
(b) subject to the provisions of clause (a), the case may proceed as if such person had been an accused person when the Court took cognizance of the offence upon which the inquiry or trial was commenced.

Found Helpful
Found Helpful
Share this answerShare Icon
View {{count[2]}} Reply
Placeholder image

Anonymous

Replied 11 months ago

Thanks a lot sir for your valuable advice. Can we verbally request the hon'ble court to take the cognizance u/s 319 against the SHO.

Reply
Talk to a Lawyer
Post Your Matter
Request Callback
Contact Us