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falsified final report - how to punish police?

Private

Hello,

I have a criminal case in which the police have completely fabricated everything except FIR and Dr certificate. The Final Report has been submitted with lots of 161(3) statements and Conclusion. Upon perusing the report and documents and in detail I realized that there are so many contradictions to clearly prove that they are all fabricated and that no investigation was really done.

I am applying for reinvestigation on these grounds and is willing to take to it to the next level if the Magistrate doesn't play fair and square....I am good here..... but my question is:

How can we get the police for the fabrication of the reports and submitting the same to the court?

Do you know of any good judgments on similar cases?

Thanks for the help!!! (advance)

 
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lawyer

First of all clarify,  are you complainant/ victim or accused? Then only your questions can be answered.

 
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Private

Well, not sure why this is important for the questions posed... anyways, I am both... there are two FIRs against the same incident... one was against me and one was by me... The police fabricated both but submitted the one against me to the Magistrate and the one filed by me, though is closed by police as MF but has not been submitted to the court yet. I have copy of all of the documents that I got thru RTI...

So, as it relates to the one forwarded to the Magistrate, I am the accused. per http://www.indiankanoon.org/doc/1836621/ it looks like I can approach the magistrate if the report itself is mala fide (which is obvious in this case)....

I am more interested in finding how to get the police who blatently fabricated the final report and set the criminal proceeding in motion (which is provable on the face of the documents submitted by them, nothing more is needed)... Hope this makes things clear...

Thanks

 
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lawyer

now it is clear that there is a case and counter case.  If  the case in which you are the complainant is not charge sheeted by police, it is easy to approach the concerned magistrate court and file a private complaint U/S 190 of Cr.P.C. You can file it with all evidence( documents and witnesses) and court shall enquire the case under section 202 of Cr.P.C. If you are able to establish ( you can very well establish) your case before the court, it will proceed to prosecute the accused and shall issue summons or warrant to the accused as the case may be and you can make all efforts to punish the accused accordingly.

 
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Works In Judicial Department

If the police, (in the case wherein you are complainant) have filed a final report before the Court, stating that, no case is made out, in such case, court will definetly issue a notice to you before diisposing such case. On the receipt of Court's notice, you can file objections to the Police report. If the Court is satisifide with your objections it can direct the police for proper reinvestigation.

 
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Private

Like I said, I am very familiar with how to contest FR and I believe that it can be contested by both parties so long as we rely only on the documents on file....that process is already underway....

 But the help I sought were different. and are as follows:

How can we get the police for the fabrication of the reports and submitting the same to the court?

Do you know of any good judgments on similar cases?

Help me if you can on the above two items...

 
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Advocate High Court Madras.

You can file a petition u/s 340 (1) Cr.P.C. against the Police officer, for filing fabricated and false report. The offences of the police are punishable u/s 193 IPC and so on. On you petition the court will hear and will order for a prosecution on the officer. For this you have to prove the prima facie case that the officer had given false and fabricated report.


Total likes : 2 times

 
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Private

Thanks a lot. THis is what I was looking for. Shame on me for not seeing this in the CrPC!!!. Yes the report submitted has enough contradictions to logically prove (even without witnessess) that most (if not all) is fabricated...

One more quick question:

This complaint under CrPC 340, does it have to be formal with court fee etc or a regular complaint with details and docs and notarized will do? I live bit far away from that Magistrate court and thus is looking at the possibility of filing it via post.

Also, anyone happen to have a sample format for the same (complaint)?

Thanks

 
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Advocate High Court Madras.

File an affidavit and petition along with proofs if you have. It is a misc petition in the main case.

 
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lawyer

We are expected to get an expert opinion from the experts. Section 340 Cr P C is to be read with section 195 of Cr P C and sections 192 to section 211 of  I P C.

In short, only a presiding officer can complain and charge as per section 340 of Cr P C. It is not meant that there is no exception. In certain situations, a private complaint under section 192 to 211 shall stand . Go through the citation 1967 AIR 528.

 
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