Police investigation
Guest
(Querist) 31 October 2014
This query is : Resolved
Respected Experts,
A criminal case of cheating and forgery was lodged against some persons on complaint of my friend. The accused got a re-investigation ordered on the FIR. During investigation my friend was called by the concerned hand through call from his mobile number at the mobile no. of my friend. My friend went to the police station and got his statement recorded. After about a month of getting the statement recorded my friend applied for its copy under RTI. The reply of RTI application was that there is no such statement on the file and it has not been recorded as alleged by my friend.
My query to the respected experts is that what is the remedy available to my friend against the corrupt police officials who have gone to the extent of denying the recording of statement, which was done in police station and in the presence of one of his associate who accompanied him to police station?
Devajyoti Barman
(Expert) 01 November 2014
It appears that police put some questions which remain most of time unofficial. For any official comment the same is to be recorded before the Magistrate u/s 164 crpc.
Do not pay much importance to it.
ajay sethi
(Expert) 01 November 2014
dont file any complaint against the police .
Guest
(Querist) 04 November 2014
Respected Experts, thanks for your advise.
I want to ask that my friend is worried that police will conclude investigation in favour of accused, in the absence of statement of complainant on the investigation file.
What is the remedy which he should avail to counter this biased and partial police conduct, when they recorded the statement of complainant in the police station and afterwards neither made it part of file nor entered it in the Jimni of case file.
T. Kalaiselvan, Advocate
(Expert) 04 November 2014
the complaint with the FIR will remain tagged with the case file to be submitted to the court by the police, let the case be tied by the court, you can give your statement in the court as per the fact during the chief examination and reiterate the same thing in cross examination too, after which if the case is decided against you, then you may prefer an appeal against the judgment.
Guest
(Querist) 04 November 2014
Sir, a biased re-investigation is going on with the purpose to close the case. There are some recent documents which strengthen the case of complainant, which otherwise is not so strong if one goes by the contents of FIR alone. Those documents were also provided by my friend (complainant) with the statement but as stated earlier nothing has been made part of record and police is refusing of having taken any statement of my friend. They are all out to permanently close the case after one sided re-investigation.
