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Tajobsindia (Senior Partner )     27 June 2011

Que. 2 to Crl. Law experts

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.............. 

 

 

Thank you



Learning

 4 Replies

Vijay Kumar (Advocate)     27 June 2011

Final Report of the investigation is to be filed by the officer-in-charge of the police station; and not by IO.

pratik (self working)     27 June 2011

good info.

krishan murari (lawyer)     29 June 2011

yes , I agree with  adv. vijay kumar. you should read first provision for investigation in cr.p.c in which it is laid down u/s. 168 I.O. submitt the investigation report to the SHO.then SHO will file the report before magistrate.

Tajobsindia (Senior Partner )     29 June 2011

@ Ld. Vijay and Ld. Murari


In my opinion both ld. members erred in reading down my main issues.


I would once again request both of you to re-read my query then reply especially para 5 till 7 for a simple reason case IO didnot find any evidence to file FIR but Prosecution Branch of a P.S. under influence from wife's family insrructed  that also in writing to I.O. to make FIR which was later filed by IO himself before concerned Magistrate Court which is what IO replies in our RTI application as per Para 6 above ! 


Case incharge of a criminal case is IO and prosecution branch of a PS have no role to influence a IO other than supervising Rules and if you read para 5 till 7 then it becomes a malacious prosecution before concerned Court which is what I feel thus this que. was asked.


Any ld. experts views on main que. and this reply ????


 


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