Jaipur: Rajasthan High Court has stated in a case associated to the termination of service of a CRPF worker that if the investigating officer performs the position of a lawyer, then the complete departmental investigation will get contaminated. Along with this, the court docket has cancelled the order of March 16, 2002 associated to the termination of service of the petitioner and has requested to take a call within the case once more in 6 months. Justice Anoop Dhand gave this order on the petition of Mahendra Singh.
The court docket stated that the investigating officer within the case acted as a lawyer and requested many inquiries to the witnesses and the investigation was carried out on that foundation. In such a state of affairs, the allegations in opposition to the petitioner have been proved and he was faraway from service. Whereas the Supreme Court has determined that the investigating officer will stay neutral and won’t play the position of a lawyer. It was stated within the petition that he was working in CRPF.
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It was stated within the petition that an investigation was began in opposition to him by appointing an investigation officer. During this, the investigation officer requested a number of inquiries to the witnesses and gave his investigation report. Due to which he was faraway from service on March 16, 2002. Whereas the Supreme Court has already determined that the departmental investigation officer have to be neutral. Therefore, this order must be canceled. Hearing on which, the court docket has canceled the 22-year-old order and requested for a recent choice in 6 months.
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Refusal to take away court docket’s feedback: The Rajasthan High Court has refused to take away the feedback made by the decrease court docket in opposition to the investigating officer ASI in a legal case. The court docket stated that the decrease court docket has fulfilled the prescribed standards earlier than making feedback within the case. Justice Sameer Jain gave this order whereas dismissing the petition filed by ASI on this regard. The court docket stated that the Supreme Court has set three parameters for the court docket to touch upon anybody. Under this, the decrease court docket has to see whether or not the involved particular person will get a possibility to defend himself, proof associated to the conduct of the involved particular person is current and there’s a must touch upon the conduct. The decrease court docket has fulfilled all these three parameters within the case.
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Had to offer the good thing about the doubt: At the identical time, the court docket admitted that the negligent investigation finished by the investigating officer immediately affected the case earlier than the trial court docket and the court docket was compelled to acquit the accused on the premise of advantage of doubt. According to the case, the petitioner ASI was appointed because the investigating officer within the FIR registered within the case of legal trespass. After the cost sheet was introduced within the case, the trial went on within the decrease court docket. Later, the court docket gave the good thing about doubt to the accused and made feedback in opposition to the investigating officer. A petition was filed within the High Court on behalf of the ASI to take away these feedback. Which was rejected by the court docket.
