2013 (2) TMI 928 - HC - Indian Laws

Summary

Issues involved: Interpretation of whether investigating officer should register FIR before investigation.

Judgment Summary:

Issue 1: Registration of FIR before investigation
The judgment discusses conflicting views on whether investigating officer must register FIR before starting investigation. The case involved instances where investigating officer seized money without registering FIR first. The Single Judge disagreed with the view that registration of FIR is a condition precedent to investigation and referred the matter to a Division Bench for consideration. The judgment emphasized the importance of following proper protocol in trap cases, including recording complaint, sending FIR to court, and conducting scientific tests to corroborate allegations of bribery.

Issue 2: Protocol in trap cases
The judgment outlined the standard protocol in trap cases, involving recording complaints, using panch witnesses, conducting color tests with phenolphthalein powder, and ensuring proper handling of tainted currency notes. It highlighted the role of panch witnesses in corroborating the version of demand and acceptance of bribe money. The judgment emphasized the necessity of following established procedures to prevent misuse of investigative powers and maintain integrity in public administration.

Issue 3: Timing of FIR registration
The judgment clarified that the timing of FIR registration depends on the circumstances of each case. While immediate registration is essential in cases of offenses committed in the presence of a police officer, in other situations, FIR should be registered promptly to prevent manipulation of facts. The judgment concluded that conducting investigations through surprise raids without FIR in trap cases is inappropriate and emphasized the need for proper education of investigating officers on legal requirements.

In conclusion, the judgment remitted the matter to the Single Judge for further proceedings in accordance with the law and directed the Home Secretary and Director General of Police to comply with the observations regarding investigation protocols.