Duty of police for fair investigation
Milap Choraria
(Querist) 07 August 2012
This query is : Resolved
A false case under influence of one political leader was registered on 5th March, 2012, that on 2nd March, 2012, I snatched Rs.1,200/- Cash and some original ocuments from father of Susmita Choraria (My daughter-in-law), while on 2nd March 2012 and even during the respective entire week I was in Delhi. As such I sent a legal notice to Police to Conduct Fair Investigation in the matter by collecting Voice Data Records and Location of My Mobile, while I also forwarded them User Data for 2nd Marh, 2012 regarding my mobile collected from the Mobile Service Provider.
Now, Police, under influence of said Political Leader, filed false Charge Sheet in the matter, and on my application under Right to Information Act, 2005, cotegorically admitted that they do not collected Voice Data Records and Location of My Mobile.
Is it not a case of intentional misuse of powers and abuse of authority by not collecting such datas? If yes cite some Supreme Court Judgment, describing the defination of fair investigation.
Nadeem Qureshi
(Expert) 07 August 2012
Dear Querist
you can search through google " Defination of Fair Investigation"
But I wanna tell you if you are not avaliable at place where the incident happen and you have documentory proof of Alibi, you should filed an application u/s 245 of Cr.PC before magistrate alongwith the evidence for discharge. if the court passed an order in your favour and discharge you, you have right to file a criminal complaint against police and complainant u/s 182 of IPC & 195 of Cr.PC
Feel free to Call
