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does i.o. need bills from shopkeeper to make challan ?

(Querist) 07 June 2020 This query is : Resolved 
i.o. demands bills of case property from shopkeeper( complainant) before challan
when we meet to complainant to settle case he informed us you donot worry i will not give bills to i.o. complainant assures us i will make your fever & he is waiting reply from his owner
we also met i.o. not to present challan to court till we reach settlement from complanaint
1.i want to know is bills are necessary to prepare challan ??
2. if complainant will not give bills of case property (kept in mallkhana ) till i.o. would not able to make challan ??
Raj Kumar Makkad (Expert) 07 June 2020
1. It depends upon the nature of the case and the investigation of the case whether the said bills are necessary for the presentation with the challan or not. IO is the master of his case.

2. Complainant is bound to submit the case property to the IO on his demand and he has no such option to retain the said vital evidence under his possession (which otherwise is already in the custody of the police and is kept in malkhana).
Rajendra K Goyal (Expert) 07 June 2020
You said:
i.o. demands bills of case property from shopkeeper(complainant) before challan

Reply:

Which bills IO is demanding, original purchase of shopkeeper or some other bills. If original purchase bills are not available, IO can ask to arrange for the Duplicate from the supplier.

You said:
when we meet to complainant to settle case he informed us you donot worry i will not give bills to i.o.
complainant assures us i will make your fever & he is waiting reply from his owner

Reply:

If the shopkeeper is not able to provide original bills, IO can ask to arrange for duplicate.
Rajendra K Goyal (Expert) 07 June 2020
You said:
we also met i.o. not to present challan to court till we reach settlement from complanaint

Reply:

Legally you have no right for any such adjustment.

You said:
1.i want to know is bills are necessary to prepare challan ??

Reply:

It depends on IO, bills can strengthen the case of prosecution.
Rajendra K Goyal (Expert) 07 June 2020
You said:
2. if complainant will not give bills of case property (kept in mallkhana ) till i.o. would not able to make challan ?

Reply:

All depend on IO or the circumstances of the case.
sonia sharma (Querist) 07 June 2020
THANK YOU RAJ KUMAR MAKKAD SIR
sonia sharma (Querist) 07 June 2020
THANK YOU RAJENDRA K GOYAL SIR
Rajendra K Goyal (Expert) 07 June 2020
You are welcome, may revert in case of any further question.
P. Venu (Expert) 08 June 2020
This is a riddle more than the query!
Who is the complainant? Who is the accused? What is the settlement you are referring to?

What is the offense alleged? What is the relevance of "fever" - what is the context? In ordinary parlance, a fever is a body temperature that is higher than normal!

Any how, it is an absurd proposition that a person cannot be owner of the property unless he has the bill from the shop keeper. It appears you are in a hurry to rewrite or restate the law and seeking our help in your misconceived mission.
sonia sharma (Querist) 08 June 2020
it is not a riddle it is true
according to
shopkeeper ( complainant ) is employee as manager post so he needs approval from his higher authority we have a common friend ( as mediator ) to complainant
case is booked in 380 ipc
complainant said i ask from boss company to make your fever u dont worry
as i have worked 15 years for my boss company so i hope he will help
manager said to us when we meet him 5 june 2020 that I.O. has come to me but i did not give him bills of case property although he has all bills he said although is it a 2 minute work for him he assures us to sort out the matter
we assume he help us
also manager said to us we make settlement in lok adalat which seems impossible because 380 ipc is non compoundable but here at LCI councel said that it is possible in another thread
also we pray I.O. to help us

Rajendra K Goyal (Expert) 08 June 2020
You are very much hopeful.
Prey, case ends as desired by you / as per your hope.
Yet one should always be ready to face worst situation i.e facing the trial.
Raj Kumar Makkad (Expert) 08 June 2020
It can definitely be compromised in Lok Adalat.
sonia sharma (Querist) 08 June 2020
THANK YOU RAJ KUMAR MAKKAD SIR


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