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TMI Blog2013 (2) TMI 928X X X X Extracts X X X X X X X X Extracts X X X X ..... with regard to the registration of FIR. One view is to the effect that the investigating officer has discretion to make a preliminary enquiry before registering the FIR. The counter view was to the effect that the investigating officer has no discretion but to register the FIR and thereafter to embark upon investigation. In Criminal Petition No. 15941/2012, the facts reveal that the investigating officer gets credible information that in the Sub-Registrar's office, the Sub-Registrar is demanding and accepting bribe from the public, who are presenting their documents for registration. The investigating officer, without registering the said information, proceeds to the Sub-Registrar's office. Upon search of the Sub-Registrar and othe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... other, I disagree with a view expressed therein. Therefore, it appears just and proper that these matters be placed before the Division Bench or a Larger Bench to consider the aforesaid aspects. Hence, the Registry is directed to place these matters before the Hon'ble Chief Justice to refer these matters to a Division Bench or Larger Bench. The learned Single Judge has differed with the view taken by this Court in Criminal Petition No. 3213/2012 and connected matters and therefore referred the matter to the Division Bench for consideration of the substantial question of law as to, whether the investigating officer is bound to register the FIR and thereafter embark upon investigation. 4. The normal protocol of investigation in trap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y on demand, the shadow witness is employed to corroborate the version of demand and acceptance of bribe money and to testify the circumstance relating to demand and acceptance of bribe money. 6. The complainant, after the trap, gives signal, the investigating officer and the other panch witness would come and the hands of the accused are held, sodium carbonate solution is prepared in two separate bowls, both the hands of the accused are made to dip in the solution and if the colour turns pink, it is a strongest circumstance to suggest that the accused has received or handled the tainted currency notes. The accused will be asked to produce the bribe money. Thereafter, seizure mahazars are held. The investigating officer, after completing t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Police Stations in the State about the legal requirements of investigation to be complied in trap cases. Besides, written guidelines be laid down to be followed in the protocol of investigation in a trap case. Non-adherence to protocol of investigation by the investigating officer should necessarily result in disciplinary action. 9. With regard to the question whether registration of FIR should precede the investigation or that FIR could be registered under the midst of the process of investigation would always depend upon the facts and circumstances of each case. In a situation where an offence is committed right in the presence of a police officer, it would be imprudent to insist that he should rush to the police station to record the F ..... X X X X Extracts X X X X X X X X Extracts X X X X
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