Conduct & Disciplinary Rules – 49

DEPARTMENTAL ENQUIRIES AND INVESTIGATIONS

9. INSTITUTION OF CRIMINAL PROCEEDINGS

A criminal prosecution in a non-cognizable case must not be instituted without the previous sanction of the Head of the circle even though the evidence appears sufficient to secure conviction in a court of law. However, in special circumstances, for instance, if delay is likely to result in the escape of the accused, the sanction of the Head of the circle may be anticipated, but in such cases, the action taken should be reported by telegraph to the head of the circle. If the case has already been placed in the hands of the police for investigation, the institution of criminal proceedings must be determined mainly by the police report, but before proceedings are actually commenced in the magistrate's court the officer concerned should submit a report to the head of the circle embodying the view of the case taken by the police. (R 133 Vol-1)

10. CONDUCT OF CRIMINAL PROSECUTIONS

An officer on receiving the orders of the Head of the Circle to prosecute in a non-cognizable case, should at once prefer a written complaint to the nearest Magistrate empowered to take cognizance of the case. He should also request permission, under section 495 of the Cr P.C. to prosecute the case himself. (R 135 Vol-11)

11. FIRST INFORMATION REPORT (FIR)

First information report lodged with the police should contain only essential information like the place of the occurrence the date or period of occurrence, how and what amount has been deflected or what property has been misappropriated, the names of the accused/suspected persons and a gist of the case.

(DGP & T No. 15-11-72-Inv dated 25-7-72)

(2) Every information relating to the communication of a cognizable offence if made orally to an officer incharge of a police station shall be reduced to writing by him or under his direction and be read over to the informant and shall be signed by the person giving it.

(3) A copy of the FIR recorded under sub-section (1) shall be given to the informant free of cost.

(4) Any person aggrieved by reference on the part of an officer incharge of a police station to record the information may send the substance in writing and by post to Supdt. of Police concerned for necessary action. (Extract of Section 154 Cr P.C.)

12. PRODUCTION OF DOCUMENTS TO POLICE/SEIZURE OF DOCUMENTS THEREOF ETC. IN COURSE OF INVESTIGATION

(a) (1) Records of Post Office or Mail office should be produced and information available in them should be given on the written order of any police officer who is making the investigation in a cognizable case under Cr. PC or any excise officer empowered by a local Govt. or Administration to investigate. Only those entries in the records should be disclosed which relate to the person or persons charged with the offence under investigation. In any other case the official in charge of the office should refer for orders, to the Head of the Circle, who will decide whether or not the information asked for should be withheld under section 124 of Indian Evidence Act. (R-152 of Vol-V)

(2) The Post Office does not authorize to hand over the record to police unless an order under section 95 of Cr PC is obtained by police officer from the District Magistrate, High court or Sessions Magistrate.

(3) The I.G. (Special Estt.) and his staff are authorized by law to inspect all official and secret records during a preliminary enquiry and also at subsequent stages. All records required by them for the purpose of investigation for production in court except those in the custody of officer should be made available, to them (Note 1 & 2 below Rule 152 of Vol. V)

(4) So far as handing over to the police of audited documents in possession of Audit office is concerned, these could be handed over to the police authority only on receipt of special requisition to this effect by the AG P&T through the I.G. Police concerned. However audited documents in the custody of the SBCO required by SPE authority may be handed over to them under authorization by the PMG concerned.

(Min of HA Memo No. 47/5/55-Police (1) dtd. 15-7-55)

(5) Any CPM or High court may under section 95 of Cr. P.C. require the PO to deliver a letter, PC, news paper. Book or pattern packet, parcel telegram or Money order in its custody to such person or such Magistrate or court pending the issue of order for handing over by such magistrate or court and any Magistrate or commissioner of police or Supdt. of Police may require the Post Office to search for and detain such postal article. (Sec. 94 & 95 of Cr. PC.)

(b) PMs and SPMs are authorised to furnish information to Income Tax/Sale Tax Officers.

Postmasters Sub-Postmasters are authorized to furnish information when asked for in writing by income tax officer/sales tax officer as bylaw they have been vested with powers of the civil court. The Postmasters/SPMs are also authorized to allow such officers to inspect money order, Books and also records relating to VP insured and parcel mail articles and to collect information in connection with assessment of income tax or sale tax etc. [Expl No. 4 below Rule 17 of Vol. Vl-part-1]