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even if police give clean chit,accused can be prosecuted


Supreme Court Judgment : Even if police give clean chit,accused can be prosecuted . 13th Nov 09.

 

 

New Delhi: The Supreme Court has held that a person can be prosecuted by courts even if the police give him or her a clean chit by claiming there is no evidence against the accused.

Interpreting section 319 of the CrPC, a bench of Justices R V Raveendran and G S Singhvi said the proviso empowers the court to summon any person for facing the trial even though the police may claim that there is no evidence to nail the accused.

"Section 319 CrPC applies to all the courts, including the Sessions Court. It empowers the court to add any person, not being the accused before it, but against whom there appears during trial sufficient evidence indicating his involvement in the offence, as an accused and direct him to be tried along with other accused.

"If such a person is not attending the Court, he can be arrested or summoned. If he is attending the Court, although not under arrest or upon a summons, he can be detained by such Court for the purpose of inquiry into, or trial of the offence which he appears to have committed," the bench said in a judgement.



The apex court passed the judgement while dismissing the appeal by a woman summoned in a dowry case by a Rajasthan court even though the police claimed there was no evidence against her as the alleged victim Anita lived in Sriganganagar district whereas the accused sister-in-law Suman lived in Bikaner district.



Anita had lodged cases of harassment against her husband Pramod Kumar, mother-in-law Rukmani Devi and father-in-law Ram Kumar besides sister-in-las Suman under IPC sections 406 (criminal breach of trust) 498A(harassment), 354 (outraging modesty) 377 (unnatrual offences) and 323 (causing hurt).



The Jawaharnagar police in Sriganganagar district had filed the chargesheet on January 4, 2003, against the husband and parents-in-law but not against Suman even though Anita named her in the FIR and the statements recorded by the police.



According to the police, Suman lived in Bikaner whereas the victim and the other in-laws lived in Bikaner and there was no evidence to indicate that she had also harassed the victim.



Anita moved the judicial magistrate of Ganganagar who issued summons to Suman. The latter questioned the issuance of summons before the Sessions Court on the ground that since she had been given a clean chit by the police, the court cannot summon her to stand trial.



The Sessions Court dismissed her plea and the Rajasthan High Court concurred with the order, after which she appealed in the apex court.



Dismissing Suman's appeal, the apex court, citing its earlier judgements, said "we hold that a person who is named in the first information report or complaint with the allegation that he/she has committed any particular crime or offence but against whom the police does not launch prosecution or files charge-sheet or drops the case, can be proceeded against under Section 319 Cr.P.C. if from the evidence collected/produced in the course of any inquiry into or trial of an offence, the court is prima facie satisfied that such person has committed any offence for which he can be tried with other accused."



Anita had, in her complaint, alleged that besides harassing her for dowry, the accused took her to a lady doctor and got implanted a device to prevent her giving birth to any child.



She also alleged though Suman resided in Bikaner she used to instigate on phone her parents and brother to harass her.



Bureau Report




Attached File : 13 13 even if police give clean chit accused can be prosecuted sc.pdf downloaded 110 times

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Good decision. Thank you very much for providing valuable information.
 
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Advocate

Danish sir welcome and thanks
 
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NO brother Sathya,

 

Not at all a good decision. Speaking only in terms of False IPC 498a, if the IO is a good officer and after investigation finds that the mother,father,sister,brother in laws are not at all involved and actually submits that report and gives them a clean chit, even then they can be hauled up in court and prosecuted.

 

This is a defeat in terms of real and sincere police work.

I think the SC has just complicated all cases from sessions to SC.

Please shed light in this respect.

Thanks and regards,

Anwarul.

 

 
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ha21@rediffmail.com Mumbai : 9820174108

MY PERCEPTIONS :

 

The jurisdiction to pronounce  "guility" or say "clean chit", etc... rests with the Judicial authority  AND the police have no such authority.  The authority to cross, examine etc... rests with Judicial authority and not with the police.  Facts of the case can come out ONLY during judicial trial and not during investigation of the police officers who do not have authority  to cross or examine or etc...

 

IF the above were so than all the matters could be pronounced  "clean chit alias not-guilty"  or "bad chit alias guilty"  at the police department itself  AND there would be no need for Courts or the Judicial authorities to pronounce any judgments or to uphold the law.

 

IN FACT, the SC judgement sets right majority of the things, wherein witnesses and parties manage to scuttle around and manage the police with unholy gratitude.

 

Keep Smiling .... Hemant Agarwal

 
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Family Counsellor

Although the judgement was against the women concerned, prima facie reading the judgement suggests that the crime is made. Pulling the hair and putting the copper-t forcefully is the act of cruelty as per the FIR, and so the trial has to stand. If there were no charges then this could not have stand the trial. In one way, the Supreme Court has given justice to the FIR. In the similar manner, if there is any apprenhensation of the crime beyond the reasonable doubt, then this could have been set aside.

 

 
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Danish ji,

In the prosecution truth will come out. How police can give clean chit without prosecuting the accused? I welcome the Hon'ble SC's verdict.

I agree with Hemanth Agrawal ji's  and Hardik Mehata ji's view.

 
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Prakash Jee,

I completely agre with you that in Prosecution the truth will come out. No doubt.

But brother, i am a victim of a false IPC 498a filed after 11/2years of my wife living in her father's house. Now in the FIR she has accused my whole family including my brother (living in a different state/city). Now  they're asking for Rs.60/- Lakhs to settle a false case whereas we are fighting it.

Now if in the event that the IO finds the truth that this case is false,(which I doubt coz of benifits to IO by my inlaws) and gives us a clean chit. Yet we will have to face the ordeal of court case.

If you see that way it is a loss. Especially when the court can anytime summon anyone and attach him/her to be a party to the case.

Please shed light in this new aspect.

Regards.

 

 
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Danish ji,

I agree with you. Now a days 498 A is misusing a lot for the sake of share in property or to harras the husband and his family. I can suggest don't do any settlement with them. As a victim you can challange IPC 498A  against union of India.

 
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Thank you Sathya jee,

I know IPC 498a is being heavily misused. After my case I found out an Ngo called Bharat Bachao Sanghatan and Save Indian Family that guids ppl and today I myself am helping other victims. But it seems to be a losing battle for me coz now my IO is askings for Rs.1.25/- Lakhs and the Addl.OC. is asking for Rs.5/- Lakhs to make the charge sheet in my favour. So i just told them to go screw themselves, i'll fight the case no matter what.

 

Why should I pay when i have done no wrong. ? What is the diffrenece between Police and Terorists ?

 

 

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