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Rakesh Agarwal (President)     16 March 2011

Can DSP file charg sheet without taking statements of acused


A case has been filed against me ( as President) along with my MD by a person belonging to ST cast. DSP, the investigating oficer framed the case under Prevention of Atrocity Act, though at time of occurane I was not in the company and in another company in UP. When I got the certified copy of DSP's repiort I fpound that no where he recorded my statement while when he came to me I told him very clearly that during the period I was not in the company. However he mentioned that both accused surrrendered in SDJM court and took bail. Even after bail, he could have taken our or atleast my statement.

Kindly inform and if possible give sitation of some cases, if this chargeshhet could be called null and void.

I will be highly ob;lidged.


R K Agarwal


 4 Replies

Bhupender Singh-09466371020 (Lawyer)     22 March 2011

Mr. Aggarwal this chargesheet is not null and void it is not mendaory that accused statement should be recorded making charge by DSP  in the Trail you will give chance to give ur statement.
 for that u should engage a good lawyer in court proceeding..



For further querries feel free to contact at 09466371020


Siv (engineer)     22 March 2011



Accused statement is compulsary in criminal case and especially in false cases but the police wont care about it. Police believes that if accused is really innocent then accused will prefer to file case on complainant describing the version. I would recomend you to go for quash U/s 482 of CrPC stating that investigation is improper and court may quash the present case or may order re-investigation by next higher investigation agency or by the lower court itself. I am not sure what is next level higher grade investigation agency in India.

Siv (engineer)     22 March 2011

Especially all the allegations related information should be communicated to the accused and the reply should be receive from accused this gives opertunity to the accused to give his version on which further police probe the matter and complete the investigation else investigation is one sided. This is very much required if accused want to get sppeedy justice because if police had accused version then police has to work more to disprove his version is wrong and complaint is genune.... to avoid this police say that accused accepted all.

Rakesh Agarwal (President)     30 March 2011

Dear Mr. Siv/ Bhupendra Singh Ji


I requestyou to give me reference of cases which were so quashed. The case against me is false which more or less is so proved in DSP report. The case was filed stating that workers of the company were working in his field and he was not allowed to cultivate. While in the statements recorded in DSP report he and his witnesses do not mention all this. They say that due to negligence and carelessness of President and MD rainy waters enters in his field. The waste material is being dumped on his field. While Pollution Control department visits our plant quaterly and in their report priore and after alliged offence certified that company is having dedicated 50 acre land and waste is being deposited there.

The case is false and for sale of his land at high price.

His has not got mutation of his land from last 7 years and it is recorded in Revenue records in the name of old owner. Will it make difference?




R K Agarwal

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