Prosecution of police officer u/s 166A(b) IPC

[Ziaur Rahman]

In a complaint of cognizable offence the u/s 467/468/471 r.w 420 IPC/120B IPC, the police officer received the complaint but did not start the case. After failure of all efforts at different administrative levels for 4 months, at last the police recorded the case on the strength of the court’s order u/s 156(3) Cr.PC. My question is that whether the police officer be prosecuted u/s 166A(b) IPC for failing to investigate the cognizable offence by not recording the case for 4 months? In Lalita Kumari Vs Govt. of U.P the Apex Court has indicated the time limit for completing the preliminary inquiry and also about the manner of disposal of complaints which need no recording of case. Does the word investigation used in section 166A(b)IPC include the cognizable complaint without recording the F.I.R case? Kindly help me out by your valuable opinion.

[Dr. Ashok Dhamija]

I have already replied to your question on the similar lines. Please see here: Section 166A(b) IPC – does it relate only to FIR cases or covers other investigations also?

Please do not misuse the privilege of asking free questions made available on this Forum, by asking repeated questions on the same issue. We have limited time at our disposal and we have to reply to other users also.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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