Non-cognizable information: O/C of a Police station has no power to investigate a non–
Cognizable information, he can record it in G.D U/S 155 CrPC or 44 Police Act and ask the informant to seek for an order from a competent court for investigation/enquiry of such information (245 PRB).
INVESTIGATION
That train of reasoning is what logicians call a syllogism, and has all its various parts and terms,—its major premiss, its minor premiss and its conclusion. And, by the help of further reasoning, which, if drawn out, would have to be exhibited in two or three other syllogisms, you arrive at your final determination, “I will not have that apple.”
This code of practice applies in respect of criminal investigations conducted by police officers which begin on or after the day on which this code comes into effect. Persons other than police officers who are charged with the duty of conducting an investigation as defined in the Act are to have regard to the relevant provisions of the code, and should take these into account in applying their own operating procedures.
From a plain reading of sub-section (2) and sub-section (8) of Section 173, it is evident that even after submission of police report under sub-section (2) on completion of investigation, the police has a right to “further” investigation under sub-section (8) of Section 173 but not “fresh investigation” or “reinvestigation”. The meaning of “Further” is additional; more; or supplemental. “Further” […]
Bail during investigation: – When an accused is released on bail during investigation he shall be bound over to appear in Court after the charge-sheet is filed and summons served on him. It is not necessary to bind him to appear on any earlier date or dates.
![Jyotsna Roy -VS- State of West Bengal & Ors [CHC] 15/11/2019](https://advocatetanmoy.com/wp-content/uploads/2018/11/calcutta-high-court.jpg)
The writ petition has only added substance to the requirement of an in-depth investigation. The Court is therefore in requirement of a verifiable independent expert opinion on the results of the investigation collected so far.
Criminal Procedure Code, 1973—Sections 154(1) and 157(1)- The injured person or any relative of the deceased, though not entitled to notice from the Magistrate, has locus to appear before the Magistrate at the time of consideration of the report, if he otherwise comes to know that the report is going to be considered by the Magistrate and if he wants to make his submissions in regard to the report, the Magistrate is bound to hear him.
Jyotsna Roy -VS- State of West Bengal & Ors.-Considering the nature of duties and in the jurisdiction exercised by the deceased and considering the death of the deceased at the age of 52 years while in service, such an event cannot be taken lightly, irrespective of whether a writ petition had been filed or not. The writ petition has only added substance to the requirement of an in-depth investigation. The Court is therefore in requirement of a verifiable independent expert
opinion on the results of the investigation collected so far.
1. Recording of information in General Diary: Officer-in-charge of a police station can record any information in G.D U/S 44 Police Act 1861. 44. Police officers to keep diary – It shall be the duty of every officer in charge of a police station to keep a general diary in such form shall, from time to time, be prescribed by the […]
The Lokpal and Lokayuktas Act, 2013 Procedure in Respect of Preliminary Inquiry and Investigation 20. Provisions relating to complaints and preliminary inquiry and investigation. – (1) The Lokpal on receipt of a complaint, if it decides to proceed further, may order – (a) preliminary inquiry against any public servant by its Inquiry Wing or any agency (including the Delhi Special […]
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