Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Pushkar (Mr)     10 September 2013

Police calling witness again and again

Dear experts,

 

In a complaint in a property dispute against me to the police, I have a witness who has supported my claims in defence. The Investigating officer asked him questions which the witness duly answered. Now the IO is calling him again and wants to meet him. I am a bit apprehensive why the IO is calling him again and again even after he had talked to him and asked him questions. Doesn't this amount to pressurising my witness. The witness has also given me an affidavit stating the relevant facts but when I presented it to the IO he said that he would receive it later.Please advise what i can do. May be the IO has colluded with the complaianat I cannot be sure. Please advise how to handle the situation if the IO calls my witness again. Should I ask the witness to tell him that he had told him whatever he knew and that he does not have time to meet him again and again and that the IO may receive the affidavit from me.

Please advise I am confused and scared that I may get implicated in this false case if my witness is pressurised.



Learning

 10 Replies

sanjay (sales)     10 September 2013

Police IO must have colluded with complainant . try to find exact facts .

Pushkar (Mr)     10 September 2013

Sir,

But if that is the case should I ask my witness not to go to the IO and tell him that he will say whatever he has to in court.

T. Kalaiselvan, Advocate (Advocate)     10 September 2013

Mr. Pushkar,

I presume that the IO is making a case out of no case, i.e., chances are bright that the IO colluded with the other side and may be he is trying shape up the case in favor of them;  Of course there is a faintest possibility that the IO might have desired to add up to the forgotten case the information   to be produced before the court as an IO hence he would have summoned the witness to refresh his  version.  But, you still have a chance to file an application before court explaining the circumstances and to not to take on records the latest version of your witness produced by IO as you apprehend the same was obtained under coercion and threat.  You have a case, go ahead.

Advocate Kalaiselvan,Vellore +919443441062

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     10 September 2013

NOTHING LEFT TO ADD,

Pushkar (Mr)     11 September 2013

Dear Sir,

Thank you for your reply. 

Also sir, in the first meeting with the IO, my witness was not made to sign any statement. Is that usual practice. May be he just recorded the statement but did not get the witness to sign that statement which was in my favour.

So, as I understand from reply, I will not allow the witness to meet the IO again and my witness will tell the IO that he has already said all the facts known to him and that he will repeat them in court and he does not want to meet the IO again to waste time by narrating the same facts.

Saurabh..V (Law Consultant)     11 September 2013

@Author

 

The jurisdiction of I/O stands confined to only collecting evidence and recording willful statements of the witnesses. However, when it comes to a defence witness, he may or may not records his statements. If at all any statement is taken with due process of law, signatures of the person who is deposing, are must!

 

You may move an application before the concerned court and inform it about the present state of affairs. You may also demand to change the I/O OR even you may demand to transfer the case to Crime Branch or to another Police Station.

 

All the best!

 

//peace

/Saurabh..V

Pushkar (Mr)     12 September 2013

Dear Saurabh sir,

Thank you for your reply. I was a bit confused about that point since section 162 of crpc says that the witness must not sign the statement made to police otherwise it is invalid if he signs it. Do I understand that correctly. Please correct me if I am wrong.

Pushkar (Mr)     12 September 2013

Sir,

The IO recorded statement of witness yesterday, however the witness was not made to sign the statement as it was recorded under section 162. Should I as the witness to provide the IO with an affidavit stating the facts??

Adv. Neha ( )     29 September 2013

You can file the application before court to change the inquiry officer

ashoksrivastava (scientist)     19 October 2013

Originally posted by : Pushkar


Dear Saurabh sir,

Thank you for your reply. I was a bit confused about that point since section 162 of crpc says that the witness must not sign the statement made to police otherwise it is invalid if he signs it. Do I understand that correctly. Please correct me if I am wrong.

@pushkar you are right in saying that as per crpc162 any statement made under crpc161 to IO is not to be signed and it will have no evidentiary value in court.However IO do get hese statements signed only to prove in court that investigation has been done.

whatever you state here cannot be used against you in trial.

And you can always say that you were pressurized into making these statements. no need to worry on this count.

regards

ASHOK


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