Whether IO is legally bound to look into all material placed before him or all material gathered by him during course of investigations ? If yes, pls share reference judgement.
T. Kalaiselvan, Advocate (Advocate) 16 January 2014
What is your question?, why IO should look into the materials placed before him, he has to gather the evidence material to the case then only he can file his report.
Sandeep (firm) 16 January 2014
In a particular corruption related case, information gathered by IO fell into two categories one supporting other contradictory. He wanted to save some real culprits but at the same time wanted to rope in innocents to show progress in investigation. So he intentionally he preferred only those documents which were favourable to him and remained silent on other documents. How IO has erred by being biased by ignoring some documents and hiding facts ?
RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) firstname.lastname@example.org 9811210505) 17 January 2014
IO is not legally bound to look into all material placed before him or all material gathered by him during course of investigations
Only he has to do as per FIR / Self interest. If you have all the evidences which you have mentioned above then you can give all the evidences by submitting it to
IO through SP / DCP office, otherwise he won't give any acknowledgement. you can also submit during your defense evidence but it would be too late as you have to face long trial.
Bhasin Legal Consultants
T. Kalaiselvan, Advocate (Advocate) 17 January 2014
As you rightly said that on receipt of consideration, the IO is trying to save the culprits but to show the progress, he will rope in innocents and for that he may utilise the other type of evidences only, hence, as suggested by Advocate Bashin, you may either produce such evidences before the SP/DCP but while doing so, inform the press.media about our intended action before hand so that the evidences are not destroyed by vested interests. Producing the evidences at the time of trial will be too late losing its evidential value.
Nadeem Qureshi (Advocate/ email@example.com) 18 January 2014
IO is duty bound to look into all material placed before him and after pursual of all the evidence IO can file his/her report before the court either Charge sheet or Final report.
Jackson RuleofLaw (warrior) 21 January 2014
I had seen a SC Judgment, wherein SC had quashed Charge Sheet on the fact that IO had not taken into account Suo- Moto statement made by Accused . Regret I am not able to quote it here for your benefit as I am not able to locate it.
Sandeep (firm) 21 January 2014
Thanks Mr. Jackson,
In this case IO didn't bothered to take statement of accused, completed his report, got arrest warrants and arrested accused and submitted charge-sheet in next 5-6 days. If you provide me reference to SC judgement, it will be of great help to me.