look news india
Jaipur, March 15 (HS). Raising questions on the earlier order validating the investigation conducted by the head constable in cognizable crimes, the single bench of the Rajasthan High Court has ordered to send the case to the division bench. Along with this, the court said that in its opinion, investigation in such cases should be handed over to officers above the rank of Assistant Sub Inspector only. A single bench of Justice Anil Kumar Upman gave this on the petition of Bharat Kumar.
The court told the High Court administration that there is a contradiction in the previous order of the single bench, hence the matter should be placed before the Chief Justice and a request should be made to constitute a division bench for hearing. Through the petition, it was requested that the trial and FIR pending in the Metropolitan Magistrate Court, Sanganer, Jaipur in relation to the petitioner should be canceled because as per the information received from the office of Additional Director General (Crime), a police personnel below the rank of Assistant Sub Inspector has been involved in a cognizable crime. Research cannot be done in such cases. Citing the police rules, the single bench said that in the opinion of this bench, only an Assistant Sub Inspector can conduct investigation in a cognizable crime, but since the previous order is contrary to this opinion, the Division Bench should clarify the position whether in a cognizable crime, a person below the level of an Assistant Sub Inspector can do the investigation. A police officer below the rank of Assistant Sub-Inspector can conduct investigation and if a police officer below the rank of Assistant Sub-Inspector is not authorized to conduct investigation in a cognizable offence, then what effect will there be on the outcome of the investigation conducted to the contrary?