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(Guest)

Note these when 498a is lodged

Points to be noted when a F.I.R is lodged:

1.       Date and time of filing of a signed Complaint.

2.       Date and time when the DD entry is made.

3.       Date and time when a F.I.R is lodged

4.       Police Manual Rules of the State Concerned

5.        Date and time of examination of the complainant and witnesses by the I/O and whether Complainant has signed the statement. I/O has to append his signatures when recording statements and taking statement of the Complainant and witnesses is debarred under CrPc as well under Article 20(3) of the Constitution.

6.        Date and time of recording Supervision note by the SP and the contents thereof. In most cases its written “OK CLEARED” or something on these lines. Long Supervision notes are often at variance with what I/O finds. Pick up these discrepancies.

7.       Accused is not guilty until proved so is applicable in India unlike the French Law that the accused is guilty until proved otherwise.

8.       Date and time when Chargesheet is filed.

9.       Contents of the chargesheet must match with the contents of I/O reports as well the Supervision reports.

10.   Having these tools with you before hand will make things easier during cross examination of the complainant/accussed/witnesses.



Learning

 5 Replies


(Guest)

Signature instead of statement in:

nd taking statement of the Complainant and witnesses is debarred under CrPc as well under Article 20(3) of the Constitution.

Rajeev Kumar (Lawyer/Advocate)     12 November 2011

Very informative material

(Guest)

Also Compare the following with each other:

1.Original Complaint

2. Police F.I.R

3. I/O reports

4.Supervision notes of superiar officers

5. First diary entry before the complaint was lodged.

6. Chargesheet.

You'll find them all different

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     13 November 2011

What is the moot point?

 

 

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

(Guest)

Moot points matter only if someone gets into jail.


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