Altamus 08 July 2019

Charge sheet contradictory with 161 statements

In FIR, stated that A harassed B for no reasons. In 161 statements LW1 to LW6 stated that during panchayat, B stated that C sent some obscene content and threatened her with dire consequences ,so she used to be in touch with him. And LW7 in his 161 statement said that during panchayat B said that she met with C in a marriage and since then they conversant with him and C sent nude images of other women and asked B to send simliar fotos of her so B sent same. And in chargesheet, police stated like this..During panchayat B admitted that, her relative C conversant to her at their village in a marriage function, since then she used to talk with him and sent some of her pics to him�. So the police presented manipulated version on C in chargesheet just to protect him from becoming an accused . So what should be done now . Should A file. A) a 173(8) petition for further investigation in matter of C by stating contradiction in LWs 161 statements and the manipulation done by police in chargesheet B) complaining to district judge/ vigilance registrar of high court on the clerical staff for not correcting wrong translation (from Telugu to English) of 161 statement in chargesheet which is done by police with vested interest to omit C the s*xual harasser. C) complaining to higher police officers like SP this and request for further investigation D) private complaint in the same court Please suggest. Thanks a lot in advance.

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8 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 08 July 2019

If police not filed F.I.R. you can approach criminal court and file private petition .

P. Venu (Advocate) 08 July 2019

A local advocate is a better position to suggest you the choice.

Altamus 08 July 2019

Sir, FIR filed only on A , chargesheet also filed. During investigation the complainant and other witnesses stated harassment of C also on B. But police manipulated in the translation by omitting statements which attracts cognizable offence to C just to protect him from case. In short, police not booked C also as accused as per the new finding in investigation but presented different version other than 161 statements

Altamus 08 July 2019

N.K.Assumi (Advocate) 10 July 2019

I absolutely agree with OM PRAKJASH.

Mastan 10 July 2019

Respected Omprakash sir, you said about primafacie case made out. WOuld you please throw some light on the below statements and tell whether any primafacie case made out on B or not on the face value of the statements.

(During panchayat, A stated the fact that our distant relative by name B had sent some s*xual obscene content to her and threatened her with dire consequences if she wont chat with him , so that’s why she chatted with him. For that we said we will advise Moulali not to do so in future)

Mastan 31 July 2019

I absolutely agree with Ramachary Rachankonda sir view and disagree with omprakash view as he suggesting all lame and slavish terms. accused means his world of rights not ended. he can complain about any injustice occured to him. Here question is during investigsation police found a new cognizable offence in 161 statements but instead of adding it in the chargesheet they have presented a manipulated version in chargesheet just to hide the new offence and to protect the culprit from the case. In total Primafacie evidence is there against one but police not included him in case. Now tell the solution omprakash sir?

Mastan 19 October 2019

https://sci.gov.in/supremecourt/2013/35581/35581_2013_5_1501_17480_Judgement_16-Oct-2019.pdf

Latest Supremce Court Judgement which overruled the previous judgements of "Police only apply for further investigation but no magistrate can order further investigation after chargesheet filed" by clariftying that MAGISTRATE CAN ORDER FURTHER INVESTIGATION EVEN AFTER POLICE FILED CHARGE SHEET AND EVEN AFTER POST COGNIZANCE and also held that MAGISTRATE CAN SUOMOTO ALSO ORDER FURTHER INVESTIGATION.

By annexing this judgment filed from accused side, a 173(8) petition in magistrate court and it is not taken on file and date is given.... explore the ways..you will get a solution.....