Incomplete and biased chargesheet in 498a


In my case IO has subimted incomplete chargesheet before court. He hides important documents/evidence that can lead to discharge all accused.

Now I and my lawyer is planning to move an application in concerned court that IO has not done proper investigation and he hides essential documents submitted by me during the investigation which is clear by observing charge sheet.

There is no doubt in the fact that based on those document entire case can be proved wrong and accused can be discharged safely at the time of charge frame.

I need expert advice about what would be the best move for me. What are the things we need to keep in mind while drafting the application? Is there anything else we can do at this moment. My date of charge frame is in August.

 
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Improper or faulty investigation cannot and will not be the cause to discharge or acquit the accused charged with some criminal offence, be it cognizable or noncognizable. Once the investigation and the associated charge sheet is submitted under section 173(2) Cr PC, the investigation is deemed complete. If IO submits his investigation report but with further investigation under section 173(8) Cr PC with request to the court, then the said investigation report is deemed incomplete. The defense lawyer of the accused during framing of the charges by the court cannot discuss or argue over the evidence. If prima facie the accused has been charged of an offence, the trial is must and then evidence could be examined and sentence or acquittal could be the end result. 2) If there is abuse of process, the revision under section 482 Cr PC could be filed before HC, even before the pronouncement of the judgement of the trial court.....IN SHORT. 3) The documents which you may have to prove your innocence are subject matter of the trial.

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Read, "once the investigation report and the the associated charge sheets is submitted under section 173(2) Cr PC, the investigation is deemed complete".
 
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Section 173(8) in The Code Of Criminal Procedure, 1973
(8) Nothing in this section shall be deemed to preclude further investigation in respect of an offence after a report under sub- section (2) has been forwarded to the Magistrate and, where upon such investigation, the officer in charge of the police station obtains further evidence, oral or documentary, he shall forward to the Magistrate a further report or reports regarding such evidence in the form prescribed; and the provisions of sub- sections (2) to (6) shall, as far as may be, apply in relation to such report or reports as they apply in relation to a report forwarded under sub- section (2).
 
Ok, then what about this 173(8)crpc sir after 173(2)Crpc chargesheet.
      Can an accused submit new evidence before the police officer and requests him to submit that evidence before magistrate in the prescribed form?
        If the IO not forwarded the evidence to magistrate court then can accused file a petition in court attaching the evidence to that petition making a pray to hon'ble judge to direct the IO to consider the evidence and to submit under "supplementary chargesheet" , if the evidence has merits to do so?
 
has anybody tried like this?
 
 
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Keep on guessing or rather define the Cr PC as per your foolish ideas.
 
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