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virtualgod (na)     01 August 2013

498a 504 506 323

Q1) Once mediation fails on the above case, how to guarantee that the IO will submit the evidence in FR given by the accused?

Q2) One lawyer suggests that if the accused sends evidnece by registerd post to the SSP of police, saying this evidnece to be sent to IO, the IO is bound to do so. Is that correct?

Q3) If the IO still does not do that, then the accused can still protest under 172, 173(8) to futher the investigation and showing proof of postal mail and then the IO will have to get that evidnece. Is is true?

q4) In short, if the chargesheet is framed and accused wants to go to section 482, if the police did not submit the evidence given by the accused, how can the accused still get this evidence in the court for the chargesheet quash so that accused does not have to go to trial. The evidence accused has is very strong.



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 3 Replies

Adv. Nikhil Seth (legal consultant (9867264707))     01 August 2013

In your case if it appears that evidence is so strong that can lead to dismissal oof the case . Than in such circumstance you file for discharge application . so that case can be knocked out thereitself.

Regards,

Adv. NIKHIL SETH 

Mumbai .

virtualgod (na)     02 August 2013

Can you please elaborate on the following two Seth ji

1. If the IO threw away the evience we gave him, the chargesheet is submitted, how to get the evience in use in 482? I do not want to wait for the evience to be used in trial. Is there a any other legal way to protest and re-open investigation? If I have sent my evience to SSP is that the duty of SSP office to forward the evience to the IO? Can I use the receipt of the letter in court to ask court to again order the IO to get that evience in court as a part of charge sheet?

 

2. When and how is the discharge petition filed? Can it be filed while mediation is going on? Can it be filed after chargesheet is filed? What is the rule of evidene to get the evidence in for the discharge?

NGOKC (pm)     02 August 2013

Most of the cities now have an online mail facility to Commisioner of police.

Mark a copy of evidence to that with case reference requesting inclusion in evidence. Itwill be hard to deny e-mail evidence.

 

PS It worked in my case in chandigarh as CP office had to forward it to IO


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