Informant and Investigator Cannot be same person - Explained

A fair  investigation in case which is but the very foundation of a fair trail, necessarily postulates that the informant and the investigator must not be the same person and justice must only be done, but must appear to be done also and any possibility of bias or a predetermined conclusion has to be excluded and there by settled the law and set at naught the controversy stating that when the informant is the police officer that he cannot be the investigating officer and if any investigation is conducted by him vitiated. 
-3 judge bench Judgement 
Apex Court in Mohanlals case 

It is clear from the finding of the Apex Court of India that the informant and investigating officer cannot be the same person, in such a case the investigation will remained bias, a mere possibility of biased investigation would lead to miscarriage the justice because the investigation is the foundation to the trail of the case. 

" Where the allegations made in FIR or complaint, even they are taken as their face value and accepted in their entirely, donot, prima facie, constitute any offence or make out a case against the accused, the FIR is to be quashed - Fair investigation, which is but the very foundation of a fair trail, necessarily postulates that the informant and the investigator must not be the same person"   


Thus it is clear that the Informant and the investigation officer shall not be the same person.



Article by,
Narukulla Srinivasa Deepak,
Advocate,
LLB.