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  • Wednesday, 05 October 2022
Karnataka High Court Ruled : A Police Sub-Inspector Is Empowered To Investigate And File A Charge Sheet In Criminal Case

Karnataka High Court Ruled : A Police Sub-Inspector Is Empowered To Investigate And File A Charge Sheet In Criminal Case

Karnataka High Court Ruled : A Police Sub-Inspector Is Empowered To Investigate And File A Charge Sheet In Criminal Case

 

The Karnataka High Court has ruled that a Police Sub Inspector is empowered to investigate and filed a charge sheet and there is no defect in the charge sheet filed by the Sub-inspector after due investigation.

 

 

 

 

 

In this case, the petitioners who are in jail for the last six months had sought quashing of the FIR registered against them U/S. 306 read with section 34 (common intention) of Indian Penal Code.

Before the court, the petitioners’ counsel submitted that Police Inspector is the SHO of the police station and therefore a sub-inspector who is an inferior officer does not have the authority to file the charge sheet, therefore, the charge sheet should be set aside and sent back as defective.

 

 

 

 

 

 

 

After hearing the submissions, the High Court referred to Fertiko Marketing & Investment Pvt Ltd & Ors vs CBI & Another wherein the Apex Court held that any irregularity or error in the filing of charge sheet by police and cognizance is taken by court on the basis of the said charge sheet, then it can’t be set aside.

 

 

 

 

 

The court also referred to Karnataka Police Manual and said that it clearly reveals that the sub-inspector is also empowered to file a charge sheet. In this context, the High Court opined that the impugned charge sheet can’t be termed illegal or unauthorized.

Observing thus, the court dismissed the instant petitions.

 

 

 

 

 

 

 

 

Title: ES Praveen Kumar vs. the State of Karnataka

Case No.: Crl. Petition 2807/2022

 

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