Investigating Officer Should Have a ‘Free Hand’ When Probing Cases Involving Serious Allegations

Investigating Officer Should Have a ‘Free Hand’ When Probing Cases Involving Serious Allegations

A divorced woman is posted her biodata in a Whatsapp group, looking for suitable match for a remarriage. The defendant/appellant started to communicate with her and express an intention to marry. Although she resisted a reception, he sent her naked pictures and kept up doing it. He also forced her to go to his place on December 7, 2023, under the pretence that he would show her his gold ornaments there. Then, allegedly he raped her. He then told her that he no longer wanted to marry her and avoided her calls. Accusations Against the Plaintiff: Charged with cheating; being dishonestly inducible, and accepting dishonestly induced deliver of goods under Sections 417, 420 and 376 (2) (n) of the Indian Penal Code, 1860. Plaintiff's Defence: Claimed to have been falsely implicated. Said in his application that as a public servant, his arrest was almost certain to bring about his suspension. Decision of the court: Rejecting the anticipatory bail application. Judgment: It was observed that the IO ought to have a free hand in dealing with grave allegations. pointed out that it is not an ideal time for mere assertion of being a public servant and the consequent suspension as valid grounds for bail. It can be seen that each matter must be dealt with on its specific facts and precedents do not necessarily apply generally, as the case May be (4 28 March 23). Legal Context: This application was filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023. It stressed that anticipatory bail ought only to be given in exceptional circumstances.

Find Lawyers In Your City

Connect with Best Lawyers at your location