Court Cannot Order Registration Of FIR Against Investigating Officer U/S 218 IPC Sans Inquiry: Gujarat High Court
2 years, 6 months ago

Court Cannot Order Registration Of FIR Against Investigating Officer U/S 218 IPC Sans Inquiry: Gujarat High Court

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The Gujarat High Court has clarified that offences under Sections 218 and 219 of the IPC which pertain to a public servant framing incorrect records for saving a person from punishment and making reports in a corrupt manner, cannot be invoked without initiation of inquiry or in absence of any evidence. The Single Judge Bench was hearing a petition by an Investigating Officer challenging the order of the Sessions Judge who had opined that the Officer had filed a C Summary Report and illegally removed the names of three accused persons and thereby committed offences u/s 218 and 219. Upon perusing the facts of the case and the impugned order, the High Court referred to State of Maharashtra & Ors., vs. Tasneem Rizwan Siddiquee where the Apex Court had expunged unwarranted remarks made by the lower court without giving any hearing to the officers from the judicial order. Accordingly, the High Court held that the Court below could not have passed the impugned order without giving any opportunity of hearing the officer to explain the factual position.

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