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vivek (mgr)     02 August 2013

Force police to investigate evidences

dear members,

i have strong evidences to disprove the 498A case against, which if investigated by the police, my case can be quashed , so I wont have to go to trial ? My evidences are too obvious .


how do I force the IO to investigate ? more than one year, no chargesheet filed. I gave these evidences to him via post, still nothing done.

then my advocate also filed some request in HC directing officer to investigate, but still he is sitting on it.


Pls suggest how to force IO to investigate my evidences.



Learning

 16 Replies

fighting back (exec)     03 August 2013

may be the investigating officer is waiting for an offer for bribe...you move an application for the same in court.........take it cool. ask your advocate for details of the request he put forward incourt, else change your lawyer, he doesnt seem to be active.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     03 August 2013

file a criminal complaint agaisnt him before civil court u/s 200 of crpc for hiding the evidence. except this the IO has very powerfull

Advocate Vishnu (Advocate)     04 August 2013

It does not take a year to frame the chargesheet in a 498 a case. Has your matter been heard by HC...?

vivek (mgr)     05 August 2013

yes sir, we filed request in HC that the matter be investigated, but it is not being done to date. it has been one year now, no chargesheet yet.

 

my guess is the IO knows the matter is frivolous, and it will be finished early/Quashed if he investigates, hence he is sitting on it, and not doing his duty.

Rajaramana RV (Employee)     05 August 2013

Have you been attending Court dates for 1 year? Have you checked with court if Chargesheet has been filed or not? Kindly let us know. 

Its best to be nice to IO so that he comes up with a report which is in your favour. Let us know the answer for further guidance.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     06 August 2013

IO is not constrained to accept the evidence from accused.

 

However to put pressure, write to DGP/ SP or Commissioner/ DCP with all evidences. The same would be marked to the IO. At the time of framing of charges, you can show and make those documents part of the chargesheet and then ask for discharge.

 

You can not force the IO to include the documents in the Chargesheet.

 

Regards,

 
Shonee Kapoor

Yahoogroups: https://groups.yahoo.com/group/sahodar 

If you don't fight for what you want, don't cry for what you LOST.

Rashid Ali (own practice as a criminal lawyer)     06 August 2013

most probably charge sheet is filled in court .if you are sure cs is not filled by now in court .this is the opportunity for you to send your evodence to io through court.

vivek (mgr)     06 August 2013

Thanks for your reply.

However, I would need confirmation again on your comment where you say 'IO is not constrained to accept evidence from accused.'  My evidences are very vital and in fact so astounding, that they contradict the complaint strongly. Can the IO still avoid them? I had even submitted the same in court.

Pls note, CS has not yet been filed.

Please suggest.

Rajaramana RV (Employee)     07 August 2013

Kepp trying through your lawyer to reach the IO but do not harass the IO. This will help you in diluting the offences in Chargesheet.

Where did you check if Chargesheet has been filed or not? Have you been attending dates and how often are they falling. Based on that next step for fighting the case can be advised.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     08 August 2013

It means that IO can not be forced to put the version of the accused in the Chargesheet.

 

Regards,

 
Shonee Kapoor

Yahoogroups: https://groups.yahoo.com/group/sahodar 

If you don't fight for what you want, don't cry for what you LOST.

vivek (mgr)     10 August 2013

dear sir, thanks for your reply.

 

however, i am not talking about 'my version' to be included by IO. I am interested in getting the IO "investigate" my 'documentary evidence' which i have supplied to him, and which HC has also asked to investigate. can he still refuse/avoid to do so ? and if yes, what is the time limit for him to do so. how can i force him to do so?

rgds

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     12 August 2013

I have told you, that you should submit the copied to his superiors, that way he would be bound.

 

Regards,
 
Shonee Kapoor

Yahoogroups: https://groups.yahoo.com/group/sahodar 

If you don't fight for what you want, don't cry for what you LOST.
 

(Guest)

Hi Vivek,


IO is not bound to take evidence from you.You can write to DGP/ SP or Commissioner/ DCP with all evidences.

The same would be marked to the IO.

At the time of framing of charges, you can show and make those documents part of the chargesheet and then ask for discharge which is little difficult usually courts don't discharge people at the time of framing of charges as evidence can only be appreciated at the evidence stage.

 regards,

Sunishchai Sacha

vivek (mgr)     13 August 2013

dear members thank you for your contributions. regards sending copy to superiors, this I have already done. But this has certainly not made a difference to the IO.


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