Legal Question in Criminal Law in India

I am wife of police officer of the rank of Dy superintendent of police. Recently i am in very depressed mood due my husband upset situation. My husband is a very sincere and honest police officer. But due to tremendous work pressure and low strength issue some of the investing officer made some mistake during investigation and other procedures. As a superior officer my husband tried his best for supervision and briefing. but it is not possible to him to correct all mistake of investigation officer or supervise or varify. exmple- 1.arrest memo made by IO..date mistakenly written different in forwarding letter,2. FIR copy sent to court but not all enclossure send etc etc .Recent one Ld Addl chief Judicial magistrate doing adverse odersheet against Investigating officer with a copy to my husband who is a sub-divisional police officer by post. Even personal appearance of Officer incharge of PS is being done. despite briefing some mistakes by police officer under supervision could not be avoided. My question is -

1. on what ground Ld court can cause personal appearance of Investigation officer?

2. on what ground a superior police officer can be called for p apperance by court?what are the legal provisions?

3 if a police officer is called for personal appearance in ld court ,what precaution,strategy he could take to avoid legal hazards? can he take a lawyer for this purpose? etc etc

4. what could be the ultimate punishment/order by Ld court for such type of appearance for lack of supervision during forwarding with signature or such type?

Sir, these answers are very much necessary for my family and for the happy life of all police officer;s family. pls help us.


Asked on 11/11/14, 10:19 am

1 Answer from Attorneys

It all depends upon the facts of the case and procedural latches due to which a superior officer is being called to the court. However, to my mind, an officer of DSP rank cannot be called to personally appear before a magistrate. However, it is advisable for your husband to retain a lawyer of trust who can guide him and if need be appear on his behalf.

Regards

Adv. Rajiv

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Answered on 11/12/14, 12:15 am


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