"The explanation given by the then Inspector of Police Pushparaj (of the station) that unexpectedly a bullet went off from the revolver and had hit the detenue does not cut ice with us. It sounds very incredible to us", a bench comprising Justice S.Rajeswaran and Justice P.N.Prakash said.
The bench said the investigation into the incident should be done by an independent agency and directed the Commissioner of Police to transfer the probe to the Crime Branch CID and appoint an officer not below the rank of Deputy Superintendent of Police for the job.
The detenue suffered bullet injury and was treated in a hospital.
Police had said the Inspector was in preparation to go and arrest a notorious accused and has sought for revolver. In the process of cleaning the revolver, it fell from the hands of the inspector and a bullet went off as he tried to pick it up.
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Rejecting the inspector's explanation, the court said "we are of the opinion that the investigation should not be conducted by the same inspector of police.
Rejecting the prayer, the division bench said that as per Police Standing Orders, the court cannot straight away appoint a sessions judge to probe the incident, especially when an inquiry by the Revenue Divisional Officer was underway.