Law: Police Order (22 of 2002)

Section: 18-A

(a) Police Order (22 of 2002)--- ----Art. 18-A--- Transfer of investigation--- Reasons for decision---Scope---Where Review Board had recommended for transfer of investigation on the grounds that: (a) cogent reasons had been given by the applicant for change of investigation; (b) prima facie, previous investigations had been conducted unilaterally without ascertaining the facts and circumstances of the case; and (c) there was circumstantial and material evidence available on record which needed further probe to dig out the real facts, High Court observed that the Review Boards recommendations were vague and it had not made any effort to substantiate them---Inspector General of Police was obligated to examine the case himself when the Review Boards recommendations were placed before him but he had rubber-stamped them---Impugned order does not reflect any application of mind, as such, the same was set aside. (b) Police Order (22 of 2002)--- ----Art. 18-A--- Transfer of investigation--- Scope--- Article 18-A expressly requires the Heads of the District Police and the Regional Police Officers to record reasons when the recommendations of the DSB and the RSB, as the case may be, are placed before them---Said statutory duty would not be discharged by simply reproducing those recommendations---Order must demonstrate due application of mind by them otherwise it would be regarded arbitrary and struck down. Emperor v. Sibnath Banerji and others AIR 1945 PC 156 and Barium Chemicals Ltd. and another v. Sh. A. J. Rana and others AIR 1972 SC 591 ref. (c) Criminal Procedure Code (V of 1898)--- ----S. 4(1)(l)---Investigation---Scope---Criminal investigation is a lawful search for people and things useful in reconstructing the circumstances of an illegal act or omission and the mental state accompanying it---Investigation is probing from the known to the unknown, backward in time, and its goal is to determine truth as far as it can be discovered in any post-factum inquiry. Criminal Investigation : Basic Perspectives by Paul B. Weston rel. (d) Criminal Procedure Code (V of 1898)--- ----S. 4(1)(l)---Investigation---Scope---Section 4(1)(l), Cr.P.C., terms those proceedings as…

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