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Discussion > Criminal Law > Validity of charge sheet.   Unanswered Threads Post New Topic

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There are 6 Replies to this message


N.K.Assumi


Advocate
[ Scorecard : 21821]
Posted On 22 October 2011 at 15:59 Report Abuse

A case of murder under secion 302 IPC. On receiving the informtion the O.C of the police station rushed to the place of occurance with his team of police and arrested the accused, investigated the case and conduct inquest report and send the dead body for post mortem and got back to the police station and filed the FIR, and therefter the case was endorsed to his next subordinate officer for investigation as secong IO. The second IO conducted the same rituals of investigation including recoding of statements of witnesses, which was again taken over by the third IO. The third IO who never conducted the investigations filed charge shet against the accused without knowing anything but basically on the strength of case diary authored by the first and second IOs. Is this charge sheet valid in law?



pratik


self working
[ Scorecard : 5240]
Posted On 22 October 2011 at 16:10 Report Abuse

i also want to know.


N.K.Assumi


Advocate
[ Scorecard : 21821]
Posted On 22 October 2011 at 16:16 Report Abuse

Interestingly, the second IO appeared before the Court and stated that he is not the author of the cahrge sheet, when the charge sheet was shown to him, but the third IO appeared in the court and stated that I have no personal  ideas of the case but I  filed the charge shet based on the case diary authored by the 1st and 2nd IOs.


Sanjeev


Lawyer
[ Scorecard : 2500]
Posted On 22 October 2011 at 19:53 Report Abuse

Chargesheet would be valid it is not necessary that every time th eIO who initially investigated the case files the Charge. It do happens that the IO is transferred and later the case is transferred to another IO and he just basis the investigation or document on record made by last IO files the Chargesheet.


Satya Mani Tiwari


Service
[ Scorecard : 290]
Posted On 29 October 2011 at 09:40 Report Abuse

The charge sheet in any cognizable offence which was registered in police station after the investigation is complete is filed by the then SHO who is on chair, immaterial of who the IO was, along with the chargesheet is the list of wittnesses who at the time of trial give their version as summoned by court during trial and relate the facts in the case, There after looking into the facts produced with evidence by the prosecution wittnesses & after the arguments of defence advocate who represents the accused against the prosecution story. The judge reaches to a conclusion & gives verdict. At times  there are more then 7 IO"s in one case there may be more so, but they are all bound to relate their version of investigation undertaken by them, all these facts are recorded in case diary.Original case diary along with chage sheet is submitted in court for trial, I hope this clarifies all doubts


Om Prakash Dhusia


HR assistant
[ Scorecard : 1266]
Posted On 29 October 2011 at 11:50 Report Abuse

Let me quote that I found NK Assumi a jester because he has been a advocate himself and has been conducting court martial procceding in North east as a prosecutor and he always talks like a simpleton individual who is unaware of even simplest of  things in the criminal justice system.

Mr. Assumi please learn it from your seniors under appreticeship  for a year or two and dont try to hang a innocents by your foolish act and immature knowledge.

It is a simple fact that criminal investigation is conducted by a particular individual Investigation Officer who was assigned at that time to conduct investigation but during trial he is required to be called in the court to answer tthe questions put up by defence during cross-examination and if he is found Hostile then re-examined by the prosecutor.

Call the Case diary in the court if the pages are not submitted to you by the police during filling of the charge sheet. You seems to be a immature lawyer but please dont spoil the life of some innocents.

I.O. after the investigation is over and charge sheei filed becomes PW and he is subjected to cross examination by the defence no matter even if there are 100 of Investigation Officers of a single case during the Investigation and those 100 have to come to the court and if not appropriate action be initiated against them and if retired then his pension could be stopped till he attends the court ant replies to the defence. Immature advocate Mr Assumi learn the procedure first and then crucify the innocents.

Please refer section 138 of IEA for examination in the court.


Satya Mani Tiwari


Service
[ Scorecard : 290]
Posted On 30 October 2011 at 09:17 Report Abuse

Mr. Dhusia, Let me clarify,  a case diary can be called by the judge only for his eyes only, Advocate of  defence has no right to see the case diary , in case of any doubt during trial advocate of defence can request the megistrate/ Judge to call upon  a  case diary in court to verify certain  fact in question, his arguments are based on statement of wittnesses of prosecution / defence & relevant documentary evidence if any,.

Hence in any case or in case of any controvercy or in reaching to any conclusion,any time during trial or in case of any application before the Megistrate / Judge, in whose jurisdiction the crime is registered  can call any case diary from the I.O. who is investigating in any matter for any crminal case under investigation or after the conclusion of investigation in which the charge sheet is yet to be filed

 

For any  complain in which preliminary enquiry  is being conduted and for which a criminal case is not registered, no entry is made in Case diary for such matters enquiry report is prepared & submitted to the authorities concerned if the report has any base for registration of criminal cognizable offence case then action is as deemed legally fit  for the matte being enquired upon by the SHO/ I.O.

Mr. Dhusia, I also request  not to use such derogatory language in future for any other Advocate as used by you against Mr. Assumi which may lead to legal suit of defamation, this forum is meant to give legal/expert opinions freely to the people who needs  counselling/ guidance in any legal matter not to insult or hurt the feelings of any person..



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