State vs Anil Kumar Dixit on 11 March, 2015
12. Furthermore, in the present case, the FIR was registered on the complaint of PW1 W/SI
Vandana and she is also the first IO of the case. This is a glaring irregularity in the investigation
of the case. As per the case of the prosecution, the recovery was a chance recovery. On the
recovery, PW1 W/SI Vandana was very much entitled to prepare the tehrir and send the same to
the PS for registration of the FIR. However, she should have stopped there. She could not assume
the role of the IO and the complainant at the same time. She prepared the tehrir and also seized
the case property vide seizure memo Ex.PW1/A, which is the prerogative of only the IO. In this
regard, case titled as Munesh Kumar v. State 2011 (2) Crimes 626 can be relied upon wherein
it has been held by the Hon'ble High Court of Delhi that: