Recently, the Madras High Court had the opportunity to note that the independence of the investigating officer would be jeopardized, if the defendant is acquitted, the investigating officer will be charged with allegations of filing false charges under Section 211 of the IPC.
The above observation was made by the court while quashing the subpoena issued to the CBCID officer accused of violating Section 211 which states false charge of offence made with intent to injure of the Indian Penal Code (IPC) after the complainant was acquitted in the case.
Justice N Anand Venkatesh held that the applicant’s complaint was that he was forced to go through the pain of malicious prosecution. The court also noted that since the prosecution was investigated by the CBCID officer, the complainant wanted to rope her.
The court confirmed that only the person who initiated the criminal proceedings was prosecuted against the person who initiated the criminal case. In this case, the Judge suggested that the complainant can file a civil suit claiming for damages for malicious prosecution. However, a criminal complaint under Section 340 of the Code of Criminal Procedure could not be directed against the investigating officer.
As a result the court cancelled the summons issued to the CBCID investigating officer.