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shyamal   05 December 2016

Autocall recording

Sir, I was arrested on allegation of strangulating my wife. The investigating officer submitted the report saying that there is no injury report in the case diary. Moreover, the report further said that the medical papers does not contain any element of strangulation. This is at the time of getting bail. Before submission of charge sheet the investigating officer asked for money. I had an option of auto call recording in my mobile. I recorded the conversation.Also I refused to give him any money In the charge sheet he has just written the opposite statement. He has brought back the charge of strangulation and physical assault Can I go to the High Court and appeal to quash the charge sheet citing the auto call recording in the mobile which I have copied in a CD Shyamal


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 5 Replies

adv.bharat @ PUNE (Lawyer)     06 December 2016

You can make complaint to SP of your area for asking bribe amount by the Investigation officer.

Will u appreciate this answer by giving like on my LCI profile?

Pawan S (06292021602) (Advocate)     06 December 2016

Only complaining about the IO to SP will not solve the issue.

Try to defend your case during the framing of charge (Sec. 228 CRPC) in the session court. At this point, you will need to argue against the allegation & try to stop the charge framing. If the court, finds there is no sufficient ground to proceed against the accuse, then the court will discharge you.

At this point, you will not get the opportunity to show your evidences. You need to defend based on the documents submitted by the police. Try to convince the court that medical report doesn't show any injury or does not contain any element of strangulation etc..

Don't worry, if court frame the charges.

You will then need to show all the evidences in the trial.

 

First try to get out from the case prior to do any complaint about the IO. After that, you can  file suits against the IO.

1 Like

Rajiv kumar (abc)     07 December 2016

Dear Shyamal, you need to be selective to whom have to fight? is it the police officer or your wife?

Firstly, get it confirmed whether that clip can be filed as evidence ( on technical side) and use it as ekta suggest. I know the IO has taken rs 50k bugs to register the case as there was 5 yr separation between husband and wife and it was in other state where married couple never reside. but then how many people you can fight unless you, yourself in not lawyer and it is not your profession. So please focus on your case instead of else. 

It seems "attempt to murder" charges are being applied in case. what are other allegation and who else is the party in the case? 

you must move to high court for quashing of it and consult a criminal lawyer only.

jyotirmaya behera (advocate)     07 December 2016

1st you have to verify the medical report if in medical report there is no evidence regarding fighting then you may acquit. You also can file that video in court as per the evidence. If there is no evidence you should file a petition u/s 482 for quashing.

 

Jyotirmaya Prasad Behera

Advocate, Orissa High Court

9861819294                                         

shyamal   08 December 2016

Sir,

The charge sheet contains 307 ipc. My mother, brother and sister are the others who have been charged.

 

Shyamal 


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