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Investigating Officer not appearing in front of court. What to do ?


05-Feb-2023 (In Criminal Law)
Hi, There is a case under section 323 and 406 IPC, all the witnesses from the petition side are complete. From last two years court is summoning IO (Investigating Officer) for witness of charge sheet. Q1 - If IO does not appear in the court and does not proves the charge - sheet then will the civil judge dismiss the case or not or what difference will it make to the case? Q2 - Till when the court will kept summoning IO if he is not appearing?
Answers (5)

Answer #1
984 votes
Since the charge sheet has not been filed by the IO despite the regular summons being issued to the concerned IO by the Magistrate, You can file an application for discharge of the accused persons and can also move an application to the high court for the quashing of the FIR.

Answer #2
878 votes
The only duty cast on the investigation officer is to maintain a diary of his investigation, which is known as "Case Diary'' under s. 172 of the Code of Criminal Procedure. The entries in the case diary are not evidence nor can they be used by the accused or the court unless the case comes under s. 172(3) of the Code of Criminal Procedure. The court is entitled for perusal to enable it to find out if the investigation has been conducted on the right lines so that appropriate directions, if need be given and may also provide materials showing the necessity to summon witnesses not mentioned in the list supplied by the prosecution or to bring on record other relevant material which in the opinion of the court will help it to arrive at a proper decision in terms of s. 172(3) of the Code. The primary duty of the police, thus is to collect and sift the evidence of the commission of the offence to find whether the accused committed the offence or has reason to believe to have committed the offence and the evidence available is sufficient to prove the offence and to submit his report to the competent Magistrate to take cognizance of the offence.
Answer #3
619 votes
q1. If the investigation officer does not come to the court, it will benefit the defense case. Q2. if Investigation officer does come to the court, the court may issue bailable and non bailable warrant against the I.O.
Answer #4
698 votes
it is the case of procecution. IO has to prove his case if IO is not appearing before the concerned court,The court has power to issue warrant against that IO and it will losen the case if IO is not appearing.I the IO do not have enough evidence to move forward in the case then Judge may dismiss the charges against the accused.
Answer #5
688 votes
Under section 323 is based on 334 given a harm to his body and do the harmful thing in his life firstly clear the reason of given the harm to the body. Witness not appear in the court then try to file this case in upper court.

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