Where an FIR is registered for an electoral offence, within what time must the investigation be completed?

The Investigation Officer entrusted with the investigation shall make every possible endeavour to complete investigations within a year, from the date of registration; if this timeline is exceeded, reasons therefor shall be recorded and communicated to the Election Commission of India. The investigating officer shall also submit a quarterly status report regarding the investigation to the EC through the Nodal Officer, after due approval of the Senior Superintendent of Police or the Deputy Commissioner of Police of the concerned district. The under investigation tag can not be allowed to hang endlessly upon the heads of individuals.

Constitution of India — Art. 324 — Code of Criminal Procedure, 1973 — s.321 — Indian Penal Code, 1860 — ss.171E, 188 — Representation of the People Act, 1951 — elections — black money — electoral offences — seizure of cash — withdrawal of cases — Constitution of India — Art. 324 — Election Commission — powers wide but not plenary — Held: Article 324 vests superintendence, direction and control of elections in the Election Commission; that power is wide but not plenary and operates only where the field is unoccupied by legislation. Controlling black money in the electoral process is one of its responsibilities. (¶10, 12) Constitution of India — Art. 324 — seizure of cash — reasons to be reduced in writing — Held further: On a seizure of cash or other assets, the suspicion of commission of crime and the likeliness of the material being used for untoward purposes must be reduced in writing, and the seizure reported within 24 hours. (¶17, 18) Code of Criminal Procedure, 1973 — s.321 — withdrawal of cases — approval of the concerned High Court — Held further: A case arising from an electoral offence is not to be withdrawn as the norm; for candidates in a particular election cycle the approval of the concerned High Court is mandatory, a change in political dispensation being no ground. (¶17, 18) Constitution of India — Art. 324 — investigation and prosecution — completion within a year, designated courts — Held further: An investigation into an electoral offence must be completed within a year, with reasons recorded and a quarterly status report to the Election Commission where that timeline is exceeded; High Courts may designate courts for prompt hearing and disposal. Directions issued. (¶17, 18)

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