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tempering of statement of witness by i.o


An Fir was registered on my complaint and the statement was of witness was recorded in my presence. The i.o left app 2" -3" space blank before getting it signed from witness when i objected i.o said lo line mar do and an line was drawn. now i find that he has added a line before that line which is quite apparent that the lan has been added forcibly. when i asked for copy of 161 statement the copy of inner case diary was given part of which do not match with the statement recorded and few more lines have ben added. The date of statement recorded and 161 inner case diary report is the same. The intentions of i.o were malicious from day one. Even the statements of other's  signed do not match with 161 case diary reports.

Pl advise what to do?

 
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If you are able to show the malicious intention of i.o.with evidence then make complaint to superior officer and file criminal complaint in court  against i. o. u/s 166, 217, 218 of I. P. C. and if the act of the i. o. is not under the colour of office duty and he can removed from his office without sanction of the Govt, then pre-sanction is not necessary to file the criminal complaint in court. (Cr.L.J. 2002 Delhi H. C. 3715)

Make the affidavit of witness and file in the court with help of private lawyer appearing before court                       u/s cr. p. c. 302 (2). (A.I.R. 2001 S. C. 1142)

 
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Legal Evangelist - TRIPAKSHA

161 statement need not be signed.

 

And hence no action against IO can be established. Witness can give dramatically diffirent version in front of magistrate.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com
 
Reply   
 

 

After registering the F. I. R., at the stage of anticipatory bail or regular bail i. o. can give the benefit to accuse with malicious intention with the help of tempered statement of the witness (u/s 161 of cr.p.c.) which is not signed by the witness. There is no examination of the witness at this stage in the court. Therefore, it is necessary to complainant to appear before court u/s 302 (2) of cr.p.c. to show the true facts to court.

If you have some material against i. o. then you can prosecute him.

 
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Legal Evangelist - TRIPAKSHA

Only departmental action lies against the IO. Court action can be initiated only during trial.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com
 
Reply   
 

Thanks for valuable advice. 

can u help more on the matter as the complaint reg the matter was already filed with police since 2007 and the police were just trying to hush up the matter by saying the matter is of civil nature and if any forgery has been commited it should be looked by court as perjury but   when i explained DCP that civil and criminal proceeding are different proceedings the matter was again reffered for invetigation to diu unit and they recommended that prima facie this is case of cheating and was marked to the area SHO and ACP who refered to DCP area if aproved the case may be registered and the furthur investigation was recomeded by DCP which is still going on. This all happened just 7-10 days before they demolished my structure on complaint of which FIR was registered u/s 447/34 IPC. The whole matter was in the knowledge of the area SHO but now they say your complaint is not authentic and recommede the findings u/s 173(2) they did not relied upon the  documents submitted by me even the latest phographs which were attached with the previous complaint and on which the enquiry is going on and the complaints since 2007. I have all the documents to prove the connivance of the police and revenue officials but no body is listening because of influence either of money or otherwise.

 
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What is current position of your case in the court? What report is filed by the police in the court & when?

 
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The police has filed the report u/s 173  on 28/07/2011 and the magistrate has taken the cognizance u/s190 (1)b and the next date is 01.08.2012.

 
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If you think that police is not working honestly in your case then at next date i. e. o1. 08. 2012 take a lawyer and appear before the court u/s 302 (2) of cr.p.c. and giveyour all documents and show all facts to court. 



Attached File : 546334725 ms. j.k. international vs. state govt of nct of delhi and ... on 23 february, 2001.pdf downloaded 116 times
 
Reply   
 
Legal Evangelist - TRIPAKSHA

give a complaint to the concerned copurt.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

 
Reply   
 

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