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wifebetrayed (service)     05 June 2011

Arrest/chargesheet without evidence

is arrest possible , even if police does not have any evidence apart from girl and her parents complaint,? can police file chargesheet without evidence, how does court treat such chargesheet



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 10 Replies

adv. rajeev ( rajoo ) (practicing advocate)     06 June 2011

in case of heneious offences police can arrest on the basis of the complaint given by the complaint and also girlk and parents complainant.  charge sheet will be filed only after the investigation and police will create the wittnesses if there is no wittnesses against the person against whom complaint is given.

G.Nagarajeshwar Rao (Advocate)     06 June 2011

If there is no evidence in the case and the police are interested to file charge sheet against some body in heneious crimes, police will create all the evidence and they file charge sheet. If there no evidence on record primafacie, the accused can file a discharge petition before the court.  

Vijay Nayak (NA)     06 June 2011

Sir, in my case, my father in law has given a list of 10 witness with address, work and age, based on that the police has madeout withness statement. in which 4 are govt employees, hence i filed a RTI application for the date,time and place of investigation and received the same. I  foud that, on the date of investigation these witness were working in the office ( RTI Documents). What to I do now, please advice
 

Dhvanil (Professional)     06 June 2011

Vijay, so have the wittness claimed that they are eye wittnesses of the alleged incident ?If yes, are the statements same or contradictory ? If not, hearsay wittnesses get to know what is told and what is told may not be the truth. If they were in office at the time of the statement and police has claimed that they gave the statement in police station, you can put a case against wittnesses alleging fraud with all evidence that you have.

Vijay Nayak (NA)     06 June 2011

My case is in trail court for hear before charges, I happen to meet witness 3 at the time of collecting the RTI document and he said i am not aware off the incidents. under what section i can file complaint to his employer for accepting payment of dowry ( DP 3) and for giving witness statment during office hour ( actually they were in office only ), Bcoz if i screw one, my FIL will awake up and comes forward for settlement. my divorse case is pending in family court ( evidence stage )

Om Prakash Dhusia (HR assistant)     06 June 2011

Mr Wifebetrayed and who so ever you are: First of all RTI is not the answer to EVIDENCE and the case is still under investigation but since investigation is ensuing, accused can be blackmailed to submit before the police and if they could grease their palm, they can be let off by police in the Final Report. No court in India can stop police to investigate about a crime.

Let this come in the court of CJM/CMM and it would be committed to Sessions and there charges would be framed and then you are required to submit your arguement but remember NO EVIDENCE would be entertained at this stage. You have the option to file a writ before  respective High Court to annul the charge sheet otherwise face the trial and submit whatever you want in your defence.

At present stage you are just beating the bush. Do you watch TV or read news or simply enjoy filmi gossips? If you do see TV, then did you not see the latest episode where a renowned Baba has been branded a hardened criminal and banished from Delhi and I suppose you are not as renowned as Baba but a ordinary citizen like me .

Please prepare yourself for the consequences and submit all the evidences in the correct form during trial if your chargesheet is not annuled by the High Court in due course.

Regards

Vijay Nayak (NA)     06 June 2011

Hi Prakash, I understood that, I have to file writ petting or prepare and submit the relevent documents during the course of trail.

Arup (UNEMPLOYED)     06 June 2011

yes it is possible in 498a case.

Vijay Nayak (NA)     06 June 2011

Sir, Quash is possible in this case

ashwani vij (head)     06 June 2011

POICE CAN ARREST primafacie on d comlaint of girl its verymuch possible in cognizable warrant trial cases per se evidence if not available thn police has to file a cancellation report before illaqa magistrate on which the complainent has to be heard 


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