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Criminal Procedure Code, 1973
Section 36-Opinion of the Public Prosecutor
Section 36-Opinion of the Public Prosecutor
The investigating officer cannot be directed to be influenced by the opinion of the Public Prosecutor. - Investigation and prosecution are two different facets in the administration of criminal justice. The role of Public Prosecutor is inside the court, whereas investigation is outside the court. Normally the role of Public Prosecutor commences after investigating agency presents the case in the court on culmination of investigation. Involving the Public Prosecutor in investigation is unjudicious as well as pernicious in law. The position in the present case is even much lighter and hence the investigating officer cannot be directed to be influenced by the opinion of the Public Prosecutor. The power of the officer in charge of the police station is subjected only to the supervision of superior police officers in rank as envisaged in Section 36 of the Code. There is no stage during which the investigating officer is legally obliged to take the opinion of a Public Prosecutor or any authority, except the aforesaid superior police officer in rank.
R. Sarala vs T.S. Velu and ors. , Supreme Court of India, Special Leave Petition (Crl) 2711 of 1999 D/d 13.4.2000

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