Que. to Crl. Law experts
Background: This is a S. 498a, 406 IPC case. As you Crl. ld. Experts already know and which even Hon'ble SC says that it is only a I.O. who can draw a chargsheet and not anyone else even officialy involved in chargesheet !
Briefs: is that through RTI to Delhi Police I got following information which are specified below:-
1. The I.O. of the case informed that he did not verify the ITR, cash flow or bank details of complainant as per his discussion with prosecution branch.
2. The I.O. of the case informed that final stages of investigation is going on as per objections and instructions of prosecution branch.
3. From prosecution branch I got the documents which show that the I.O. had not charge sheeted a husband's family despite the prosecution branch directing them to do so.
4. The I.O. informed in writing to prosecution branch that there is no evidence against husband's family.
5. In following correspondence prosecution branch insisted that husband's entire family be charge sheeted.
6. In last reply I.O. has written as per instructions of prosecution branch all the accused have been charge sheeted.
7. Finally prosecution branch has then ordered I.O. to then file the chargsheet before concerned Court.
Kindly advice what I can do now to save a husband from malicious prosecution bze in my best of crl. procedure law read with Hon'ble SC law reading prosecution branch can't instruct I.O. to make chargsheet !
However I like ot be corrected and guided with correct procedural Law read with hints of Hon'ble SC Law in hand accordingly by Crl. law experts..............