MANU NEETHI (Consultant) 16 August 2012

498(a) can we get witness statement recorded by i.o.

Dear all,

Under section 498(A),323,294(b),506(i) case, during trial, before cross examin the witnesses of the complinant, Can we get their statement given to the respective police station before the I.O. and I.O. case diary in advance? to secure documents against their false evidence & statments.

Is there any provision or procedures to get the same? please....

please advice

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5 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 16 August 2012

You can obtained the relevant documents from the courts only,since the case is under trial.

Never Give Up (Fighter) 16 August 2012

I think these statement should be part of chargesheet which is given free of cost to every accuse in the court when you appear for the first time in the court.

k.kumar raja (advocate) 17 August 2012

both mr. rama and nevergiveup is correct.you can get it applying copies in the court

498aVictim (Engineer) 19 August 2012

I guess your question is that will you (accused) get the copy of the statement of prosecution witnesses as recorded by the IO in the case diary? If so, then the answer is YES. Sec 207 and 238 of CrPC mandates the Magistrate to give a copy of the Statement and any other document submitted by the Police on which Prosecution ought to rely, provided that the IO has not marked them for not to be given to accused and if he does so, he has to record his reasons in writing which can be challenged if they are improper or illegal. If you have not received these documents yet, file an application u/s 238 CrPC in the Court to get a copy. Also, examine these records carefully and if no charge is made out, apply for Discharge u/s 239 CrPC before charges are framed. Vishal (2nd year Law)