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legal_seeking_justice (TA)     10 June 2010

Case on IO - he changed witness statements in case diary

Can someone suggest me the best course of action for filing a case on the IO and also are there any laws in which I can ask for witness protection ? 

 



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 4 Replies

bhupender sharma (head)     17 June 2010

During the course of investigation of the case I.O is the master of its case and he has all the powers to as enshrined in the Code of Criminal Procedure. There fore he can do so what ever is relevant to the investigation purpose, if it is supporting u may summon him as defence witness.    

legal_seeking_justice (TA)     17 June 2010

I did not understand your answer.

The investigation is complete. The case diary shows that IO has changed statements in the case diary, can I take any action against him ? 

Rajan Salvi (Lawyer)     28 June 2010

Fabricating false evidence... see IPC

darbar_madina (lawyer)     09 January 2011

In One case at the lower Court:

            The complainant with help of advocate filed private complaint which is inturn ordered by magistrate for  156(3) to investigate by police. This Private complaint enclosed with a set a documents and a CD.

The errors committed at the end of Police:

1) The private complaint had the sections IPC 192,193,504,506 and 507 r/w 34 IPC and Misrepresentation of women in public Act. 

     *** The police dropped the "misrepresentation of women in PUblic Act"  in the FIR.

2) The complainant enclosed a document by the name "false complaint dated so and so"

       *** The police not filed this document with the charge Sheet, but they have placed some leaflets alleging that accused published them (AND MENTIONED IN THE POLICE PROCEEDING STATEMENT that THEY ARE PART OF THE PRIVATE COMPLAINT AND NOW SEIZED BY THE POLICE).

3) The complainant enclosed a CD to the private complaint stating that "IT IS A CD SENT TO HER from an Online shopping Website SIFFY MALL"

        *** The police not filed this CD with charge sheet, but they have filed other "TWO CDs" by mentioning that the CDs are describing the relationship between accused and complainant AND ARE PART OF THE PRIVATE COMPLAINT and now SEIZED by the POLICE as part of POLICE PROCEEDINGS.

4) And the police attached some photographs also to charge sheet by claiming that they are the part of private complaint enclosures and ALL ARE SEIZED FROM THE HOUSE OF COMPLAINANT.

 

Now, pLease answer my queries:

1) It is crystal clear that the police manipulated with the enclosures of private complaint and filed false or wrong documents/evidences.

             Can I approach to file case against the police U/S 192,193  for fabricating false evidences. Does this situation fits a case like this.

2) When a compalinant make a private complaint and THE COURT orders investigation under Sec 156(3) to police.  Then.

       ** Under whose custody the original private complaint and it's enclosures will be?

       ** Do the complainant has to approach POLICE directly?  Or  Court will send the ORDERS to police to register FIR.

      ** Here in this case, the police claiming in the POLICE PROCEDDINGS document, they have SEIZED the enclosures of private complaint at Complainant's RESIDENCE.

             Is it the normal procedure for a private complaint???? Or the COURT only must send the private compalint and all it's enclosures to the POLICE while ORDERING to register and investigate the Case.

3) Can IPC 506 and IPC 507 can be booked simultaneously in the SAME CASE.

 

I request the learned members to please throw some light on this Query.

 

regards.

 

 

 

 

 

 


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