(Querist) 18 December 2011
This query is : Resolved
A false private criminal complaint has been filed against my husband and another person. The association president and secretary too have given false statement before the investigating police officials. Other members who are in favour of my husband want to give written statement of facts related to the case. Can it be a joint statement or every individual has to give separately in writing? Whom should it be addressed to? Inspector of Police of concerned police station or commissioner of police or concerned metropolitan magistrate who ordered to investigate and report? Please advice.
Advocate Sachdev Bishnoi
(Expert) 18 December 2011
in the criminal cases no reply is given it is better to take out all the relevant facts in the cross examination and do nothing till the summons are served upon you as before that you have no concern with the complaint.
(Expert) 18 December 2011
You can ask the witness to meet the Inspector who is investigating the case and give statement.
Jaya, Let Other members who are in favour of your husband give written statement of facts related to the case before the investigating police officials. Normally it is individual statement. You never mind, Jt or Inv. Statements, in writing or orally. Usually Police reduce in writing such statement of every different person with date and name of person , and sign it himself, and is a part of Charge sheet. It may turn the Police Report from +ve to Negative in eyes of Judge.
Hon'ble court on receiving and considering this Police Report u/s 202 of Cr.p.c, and Argument of Adv. for Comp, decide whether Process be issued against the accused, and whom all to Summon who will have to defend themselves as accused.
If this Police Report of Investigation u/s 202 is favorable to your husband, he may not be included in the list of accused, and will not be summoned. It solves your problem, otherwise if you have to face trial, even if you prove your innocence later on, take away your time and you face hardship of Litigation. So I suggest to go and help police in investigation at this early stage.
(Expert) 19 December 2011
I endorse the views of Shri Shroff.
(Expert) 20 December 2011
It is only on the i.o. that wether he puts the accused evidence on the case diary or not .You can not force him to do so .Also you can not give your evidence via court or senior official as it may be called interruption in investigation .Better you keep them with you and put before the court in the form of affidavit at the time of bail or cross examination . Although you can inform the i.o. for about the witnesses of the said incidence .