Application for change of investigation officer and how to change the IO

Question

Application for change of investigation officer and how to change the IO

04-Jul-2024 (In Family Law)

Who is investigating Officer and who will appoint him and when ? My wife filed a complaint against me in Women police and simultaneously she filed 125 cr.p.c and custody of my daughter which she already with her.We married from last 2.5 years and we have daughter 1.8 months our marriage is love marriage. Women cell ASI threaten me over phone regularly. IS she is IO in my case ? if yes how to change the IO?

Answers (6)

Answer #1

Adv. Chikirsha Mohanty

Delhi | 200+ Answers

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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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LawRato LawRato · Accepted Answer · 2024-07-04T13:52:57+05:30

To change the Investigating Officer (IO) in a police case, one must submit a formal application either to the senior police authorities (like the Superintendent of Police) or to the Magistrate handling the case. The application should clearly state valid and reasonable grounds, such as bias, misconduct, conflict of interest, or failure to investigate properly.

While a Magistrate has the power to order further investigation under Section 156(3) or Section 173(8) of the CrPC, they cannot directly appoint or replace the IO. That authority lies within the police department's internal hierarchy. However, the Magistrate's direction can influence the department to assign a new officer if justified.

In short: if you're unhappy with the IO, don't just complain present your case with facts, and approach either the court or the senior police officials.

Advocate Sanket Saini LawRato · Accepted Answer · 2024-07-04T13:52:57+05:30

Answer #2

Dear Client, I cannot give you the detailed answers to your question as there are still some facts need to be clarified. However, to clear some questions in your mind, I will answer your questions in chronology. An IO is a person who has been assigned by the head of Police station to investigate your case. It could be the SHO himself or he can appoint someone from his police station. The name of IO is usually written at the end of FIR and from there you can find out if that ASI is IO in your case or not. Further you can write yourself or through your lawyer letter to the Superintendent of Police of your District informing him about the threats and requesting him to change the IO. if you still need further clarification, you can approach me through LawRato. Thank you

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Adv. Sanket Saini Adv. Sanket Saini

Kurukshetra | 25+ Answers

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Advocate Suneel Moudgil LawRato · Accepted Answer · 2024-07-04T13:52:57+05:30

Answer #3

Make complaint before superintendent of police and explicate whole matter and requests for change of IO, and , in between record all calls of IO threatening you. For further information call me or email me

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Adv. Suneel Moudgil Adv. Suneel Moudgil

Panipat | 5+ Answers

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Advocate Azad Singh Marothia LawRato · Accepted Answer · 2024-07-04T13:52:57+05:30

Answer #4

Investigation officer mean who invesigate the matter, the appointment of investigation officer depends on the aria crime these are already assigned to different official. You want to change the investigation officer you have to move application before superintendent of police of concern district

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Adv. Azad Singh Marothia Adv. Azad Singh Marothia

Fatehabad | 50+ Answers

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Advocate Devender Kumar Kataria LawRato · Accepted Answer · 2024-07-04T13:52:57+05:30

Answer #5

The I.O. are appointed by the Station house officer (SHO) of the Police Station as per matter wise. Lodging of Criminal case is different from other criminal proceedings in Woman Police Station. If you think that the Investing Officer is not conducting the matter properly, you can file complaint against IO with SHO or other Senior Police officers. However, Please be sure nothing shall change, even if the IO is changed. Police is the same.

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Adv. Devender Kumar Kataria Adv. Devender Kumar Kataria

Gurgaon / Gurugram | 50+ Answers

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Advocate Divyta Goel LawRato · Accepted Answer · 2024-07-04T13:52:57+05:30

Answer #6

No, women cell officer is not the IO of your case. IO is only appointed in criminal matters. She can not threaten you in any manner. If an FIR is lodged against you rhen only a police officer become IO of the case. In your matter there is no IO appointed.

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Adv. Divyta Goel Adv. Divyta Goel

Charkhi Dadri | 25+ Answers

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