Questionnaire to accused
Nirmal Singh
(Querist) 29 November 2013
This query is : Resolved
The accused was given interim bail by the court with a direction to join investigation in case u/s 409 IPC reg. misappropriation of official confidential record as he was alone custodian of that confidential record.During investigation it was clearly established during investigation that he was entrusted wih the Govt. record and he remained custodian of that record from 2002 to 2008, he remained absent from official duty deliberately to avoid summon to produce record in the court under his custody ,then a committed was formed which took the record under its custody by braking open his almirahs. If we serve him an questionnaire in written ,then can we use his written reply against him, if yes under which provision of law.
Devajyoti Barman
(Expert) 30 November 2013
This is official communication. You can not get hold of it.
ABDUL RAZIQUE
(Expert) 30 November 2013
what is guarantee that the accused give answer of your question.
If the accused replied your questioned than it is use as written evidence.
T. Kalaiselvan, Advocate
(Expert) 30 November 2013
Officially no, but for preparing to fight your case, do some spade work which may be of little use to you at the time of trial.
Nirmal Singh
(Querist) 30 November 2013
The case is purely on documentary evidence...for example..
.we can ask him to who you handed over the charge of confidential file,,etc etc....
Nirmal Singh
(Querist) 04 December 2013
The accused in this case is to be arrested and he has to be released on interim bail u/s 438(2)Cr.PC, whether same procedure has to be adopted as per past practice or first memo of arrest is to be made as we normally made at the time of arrest without warrant then he should be released on interim bail mentioning the fact of releasing him on interim bail in the same memo of arrest....
ABDUL RAZIQUE
(Expert) 05 December 2013
your query is unclear, you self read and determine what you want to say.
