Charge sheet exenorates the government official
surjit singh
(Querist) 05 August 2013
This query is : Resolved
In a case of obtaining land possession certificate by the co-sharer with the help of revenue official by forging the signature of the other co-sharer, the complainant in his FIR mentioned about the revenue official involvement, but while filing the charge-sheet the revenue official as exenorated in the chargesheet. During the investigation by the police there was a supervision report from the DSP and SP. The DSP and SP in his supervision report exenorated two official of the revenue authority.
When the charge sheet was filed it does not disclose that there was a supervision report made by the DSP and the SP, upon which the two official of the Revenue authority was let-of.
The complainant filed an application before the CJM stating about the supervision reports and the written statement made by the revenue official before the SP and DSP, but the CJM is not inclined to consider the application, stating that there is nothing in the case diary about the supervision.
The complainant has got the supervision report of the DSP and SP obtained from the SP office under RTI Act.
Law says that the CJM while take cognizance should also see what facts and statement have been not considered during the investigation.
What to do next? What is the next remedy?
R.K Nanda
(Expert) 06 August 2013
take help of lawyer personally.
Rajendra K Goyal
(Expert) 06 August 2013
Take the advise of some local lawyer with reference to all the papers.
Raj Kumar Makkad
(Expert) 07 August 2013
Discuss the issue with the local lawyer along-with the documents as without going through your documents, no concrete advice can be offered.
surjit singh
(Querist) 08 August 2013
Dear Expert, my question is whether the CJM while taking cognizance will only consider what has been stated in the case diary of the police or the CJM will also see what the complainant brings it to the notice of the CJM.
Devajyoti Barman
(Expert) 11 August 2013
Since the CJM has already taken cognizance you have two options-
either to face trial
or
to challenge the proceeding in high court u/s 482 crpc.
