What legal action can be taken against Investigating Officer if he misuses his power?
My wife has filed false cases against me and my parents under sec 498A and 406. She has given the address of my parent’s house in the FIR. After one month I got a call from the IO, saying that my wife has informed me that her Stridhan is kept in one of the lockers of a bank which is in my name. The IO has also confirmed with me the locker number and branch in which I am having the locker. The IO has sent me a notice on what’s app u/s 179 of BNSS asking me to come for the interrogation. He also asked me co-operate in. Please suggest whether · The IO has any such power to force it to open the bank locker to comply with Sec 406. · Whether the IO has any rights to access my personal information like bank account balance or Locker details without any court order while investigation under Section 498A/406
With respect to your question, the Investigating Officer (IO) would have all powers to probe allegations in the FIR, including opening a locker if required. They will not be capable of compelling you to open a locker without an order of the court. Personal info: As regards personal information, the IO can seek details related to the investigation but opening up bank account balances or locker details typically requires a directive issued through the courts under the law of privacy. It is always wise to consult a lawyer at this stage to ensure that the rights are preserved in the best interest. You also need to react in an appropriate manner to the notice served.
Sir, the IO can only request you to open the locker under investigation but cannot force you without the order of court and also he does not have any right to access your personal bank details. You should hire an expert lawyer who will assist you to protect your rights. For further legal assistance contact us on our helpline number.
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