What does the laws of the land say ?

Question

Even when there is apparent murder, there are cases where Police/CID/CBI could not ( or did not ) file charge sheets against the arrested person(s) and as such, the suspects get bail from the Hon'ble court. But, why the Judiciary is not taking severe actions against the Inquiry Officer of the Police/CID/CBI for failing to serve charge sheet ? What is the interpretation of laws in this score ?It has been recently observed, in many cases, where the Inquiring authorities have 'failed' to submit charge sheets and as such the culprits get bail. If the culprits are NOT punished then what for the law is ? Legal professionals especially should think over it.

Answer 1

I would like to bring to your knowledge a recent Supreme court judgment on this point i.e. Hari Singh V/s The State of U.P.CASE NO.: Writ Petition (crl.) 140 of 2006 where the Hon’ble court has clearly stated When the information is laid with the police, but no action
in that behalf is taken, the complainant can under Section 190
read with Section 200 of the Code lay the complaint before the
Magistrate having jurisdiction to take cognizance of the offence
and the Magistrate is required to enquire into the complaint as
provided in Chapter XV of the Code. In case the Magistrate after
recording evidence finds a prima facie case, instead of issuing
process to the accused, he is empowered to direct the police
concerned to investigate into offence under Chapter XII of the
Code and to submit a report. If he finds that the complaint does
not disclose any offence to take further action, he is empowered
to dismiss the complaint under Section 203 of the Code. In case
he finds that the complaint/evidence recorded prima facie
discloses an offence, he is empowered to take cognizance of the
offence and would issue process to the accused. Keeping in mind this Judgment the victim should exhaust the procedure provide by the Criminal Procedure Code & the principle lay down by the Supreme court as mentioned above. Even after this the matter is not settled the victim can move the High court or the Supreme for further relief by Writ petition, not otherwise as these courts will not entertain any such writ petition.

Answer 2

Its the same basic law and procedure in UK and past UK and the US.
The reason a charge sheet or 101 is not filed is that they only had probable cause for the arrest. That is not enough to charge at all times. The arrest is reviewed by prosecutors, not the police officers, after the arrest and it is usually their decision on how far to go.
There is a continuum of believed guilt ranging from reasonable suspicion through beyond a reasonable doubt.

Answer 3

Laws of which land? Does CBI mean Canadian Bureau of Investigation? In the US if a person is arrested and not charged, he/she can sue for false arrest. Depending on the circumstances, they might or might not win. If a person is released on bail, they are required to appear in court. If they are released without charges, they are free to go, but they may be charged later.

Answer 4

A recent international survey revealed that 38% of persons involved in legal profession are bribed!Bribe is the ignition key for police action.Next comes political power which protects own goondas and kills others in false encounters!
Look at the recent Noida scandal.To add to it, the policemen in a station auction it and the highest bidder is solely entitled to collect all such amounts.!!

Answer 5

Ask the same Police/CID/CBI to arrest an ISI agent, and pronto you have him within a day. Who says we do not have effecient law enforcement agencies?

Answer 6

Let 99percent culprit go unpunished but 1 percent innocent people should not be punished.

Answer 7

Legal professionals especially should think over it. And laws of land say depand upon land.