Is it possible to create a 'very adverse chargesheet' based on a 'vague complaint'?
The complaint has no substantiating/incriminating evidence and hardly any outside witnesses (unless there is a
surprise for me).
Can the IO and his subordinates affect the case adversely? esp if IO is under the influence of
higher authorities or political leader etc.
pls comment.
Hi Harsh,
1.Yes there is every possibility of that IO comming under the influence of politician or highier authorities.
2.IO can not notify the RPO authorities, unless there is offence committed by passport holder.
srishaila,advocate,bangalore,9741425514,sdharani120@gmail.com
report by IO in chargesheet that prima facie IPC498a and or 406 or 323 are very well found to be applicable is sufficient for trial to commence. ultimately case has to be fought in court on the basis of merits of the case. it does not matter what IO writes till he manages to discover some new evidence. However a favourable charge sheet may help. this in turn will be very uncommon.
thanks for your quick responses
@srishaila
IO can notify RPO sure , how can I check if this is done? Otherwise you will realize it only when you
are travelling (immigration?). and tht would be too late. pls let me know any means of verifying.
@ashok
thanks, prima facie case made out; hence FIR registered and further actions taken.
post investigation, when IO doesnt find any evidence or truth; he still files adverse CS under some influence.
would that not show his bias? also any chance magistrate might compare/examine complaint/FIR and CS, evidences etc.
and feel strongly that no case is made out against some of the accused if not all.
i can understand why it is uncommon:)
Hi Harsh,
If u r trying for immigration in between 498a then when Police certificate clearance is required, at that time ur IO may report to authorities that criminal case is pending against you.
BR, Mani
the answer is affirmative. We can see that police can do any thing under the shadow of law however the police is bound by law to investigate the matter fairly but mostly it is seen that the same IO is free some body on the same charges while some were not. it is only because police rule and CrPC gives free hands to police. (is not it a miracle?)
Mr Kapoor Deepak I just want to add that plenty of Trial Judges prime -facie believe the police version as in thousands of cases even the Supreme Court had ruled that IO should not be suspected and even if he had conducted the biased investigation but that should not affect the Judge but I have very good experience that even the IO had testified that he had not conducted any invetigation between the dates when the evidences were procured but the Trial Judge felt proud in covicting and sentencing the innocents. I have no respect for judiciary. I would request every innocent to prove his innocence vehemently before the court.
@om prakash
your comment is a warning which is well taken.
police would be biased due to many reasons; next if the trial judge is also biased or influenced then it will
cause serious problems. i hope your example is an exception and not the norm (btw was the case not defended well to prevent sentencing?)
a false 498a case itself has no strength so sooner or later truth must prevail - what all of us hope for.
Mr Dhushia there is higher system in the country therefore approaches to the higher authorities is open. Any how whosoever given the ample power it be misused also either judiciary, politician, police or any one but the judiciary is much lesser crupt then other department reasoning to written down the judgement and order in speaking manner and reason as to why the presiding officer come to conclusion to the point, therefore directly allegation is very serious. but it does not mean that judiciary is not corrupt latesly Session judge who grant bail to some politician is also now in trouble which also make our thinking that the judiciary is also corrupt.
One thing came in the way to get justice is only expenses, fees of lawyers and courts which should be very low and there should a guidelines for the fees for lawyers and court fee should be very very low but now a day courts are increase the fee day to day. At the last it courts who are giving justice
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Harsh
