Legal Question in Criminal Law in India
How can an order passed under sec156(3) affect a govt servant
5 Answers from Attorneys
in case the offence is grave, the government servant may be suspended in case FIR is lodged whether under section 154 or u/s 156(3).
i agree with Adv Gupta.
02.05.2012
Dear Sir / Madam,
Section 156 - Police officer's power to investigate cognizable cases.
(1) Any officer in charge of a police station may, without the order of a Magistrate, investigate any cognizable case which a court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chapter XIII.
(2) No proceeding of a police officer in any such case shall at any stage be called in question on the ground that the case was one, which such officer was not empowered under this section to investigate.
(3) Any Magistrate empowered under section 190 may order such an investigation as above mentioned.
If you read the provisions of the Section in entirety, even a Government servant can be investigated by a Police Officer.
You can mail me for any further on-line advice at [email protected]
Regards,
156 (3) is for registration of FIR.
Once it will be registered then you have to loose your job, if arrested and absent from job for continuous 3 days. So defend this case.
Good luck.
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