SHANTHAPPA Vs. STATE

JUDGEMENT

(1.) THIS petition filed under S. 482, Cr. P. C. for quashing of the proceedings in C. C. No. 425 of 2000.

(2.) THE accused have filed this petition alleging that the complainant in the case who is the Police Inspector registered the FIR by himself as victim and informant conducted the investigation and filed the charge-sheet. Therefore, it is contended that the entire investigation is vitiated as it is a biased investigation and the person interested in the cause has abused his powers as a Police Officer and filed the charge-sheet.

(3.) THE State Public Prosecutor also fairly concedes on the proposition of law that a police officer who has personal and vested interest in the cause should not be permitted to investigate the case. Police officer who other than the official interest has any personal or vested interest in the cause should not be permitted to investigate the case. Eventually the facts disclose that the Investigation Officer who himself is a complainant and interested in the cause has conducted investigation and filed the charge-sheet. Therefore, the filing of this charge-sheet requires to be quashed. However, if the petitioners have committed the offence as alleged, it is also necessary and obligatory in law that an independent investigation has to be conducted into the matter in accordance with law and depending upon the result of such independent investigation, the final reports have to be filed.