act of i.o. punishable under sec 204 ipc

abc

HI,

 

According to IPC -204 "Destruction of document to prevent its production as evidence."  punishable under court of law.

 

Please provide me the guidence and its applicability for the following situation.

 

We know that normally investigating officer (civil police) neither makes effort to take accused evedence  nor persue even if available to safe gaurd his cooked up one sided  investigation. 

 

 Unfortuately, The same happened with me also and because of the ignorance of IO  false case has been set in motion. Now the case is in the state of framing the charges.

 

I have sufficient documents (both way communication) obtained via RTI that shows senior police official has forwarded my statement along with evidences to IO with the direction for appropriate action and evaluation and asked him to clarify his actions. For some reason IO has not taken any of them on record neither has given any explanation in the 'case diary' for doing so, in contrary he assured (via letter) the senior police official for proper action. 

 

Now my point is when it is established that evidences are in the knowledge of IO, He inplace of evaluating the genuiness of them, goes and comes up with one sided investigation and files charge-sheet holding accused as guilty of offence.

 

Does he has committed any offence under the court of LAW?

Does he bound to explain this action? if yes, to whom?  

How and when should I raise this issue in the court? 

 

It is often  cited that unfair investigation can not lead to fair trail and the case in hand points out the baised investigation. If I wait for the investiagtion officer to be crossed during trail then already I am going under unfair trail. Please suggest me the appropriate timing and a way to put this infornt of the court for consideration. 

 

What if I raise this during the argument on charges that prosecution is relying on baised and incomplete investigation?

 

Thanks,

 

 

 

 

 

 

 

 


 
Reply   
 
Advocate,

At this stage of framing charges you can move a discharge petition and if you succeed entire proceedings will be dropped against you. Or you can move the High Court for quash of proceedings based on the material you have.

 
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