434. Complaint against and prosecution of police officers. [§ 12, Act V, 1861].
(a)The Court officer shall report to the Superintendent whenever a complaint, cognizable or non-cognizable, is made against a police officer, or when any police officer or clerk is concerned in any suit or miscellaneous proceedings, and such reports shall be forwarded to the Magistrate and dealt with under the rules concerning misconduct of officers.(b)All such complaints shall be handed over by Magistrate's bench clerks to Court officer, who shall return them immediately after reporting the matter to the Superintendent.(c)No prosecution against a police officer under section 29 of the Police Act. 1861 shall be instituted except under the authority of the Superintendent or the District Magistrate. The complaint shall be made by the Court officer by petition in writing, and shall be endorsed by the Superintendent or the District Magistrate.(d)Ordinarily, a police officer suspected of any form of monetary fraud against Government shall be prosecuted if there is a reasonable chance of the prosecution succeeding. The opinion of the local Public Prosecutor as to the likelihood of a successful prosecution shall be obtained in writing as early as practicable and whenever it is decided not to prosecute, the reasons for that decision shall be recorded in writing.
