Sir, the police in Sangrur registered an FIR in May 2012 in a fraud case and delibrately involved the staff of a private bank, although they had no role to play in th fraud done by three gangsters. The staff merely opened the saving account, verified its credentials, allowed deposit of genuine cheques and their withdrawls. All was don e by the bank with the KYC and other norms fixed by the Reserve Bank of India and in the normal routine of day to day banking. Should not the ASdditional/Assistant District Attorney gone through the minute facts of the case and allowed FIR against the Gangsters and not againt the Bank staff. Please advice. Now when the FIR has been registered, can anyone apply for a copy of the ststements gathered by the Investigating officer, by paying the fee as per R T I Act. 2005.
He should have applied his mind to the material before him while ordering the registration of the case. There is no harassment greater than asking a person to face a criminal trial. It is the right of the accused to be supplied a copy of the statements recorded by the IO. The same can be procured by filing a RTI. It would be supplied as a matter of right at the time of the filing of the charge sheet.
Ashish Davessar
Advocate
Supreme Court of India
Punjab & Haryana High Court
Total likes : 1 times
Thanks Ashish ji, for your advice, will ensure that application under RTI Act is filed to get the copies of the statements recorded by the IO, The Police is yet to file Challan, but meantime, the 5 memebers of the Bnak staff have been granted anti-cipatory bail and one the Gangsters (female) in who name the account was opened and used to siphon out the money has been arrested. the FIR is u/s 420, 465, 467, 468 471 and 120-B, will trial start even before th 2 absconding cheats/gangsters are arrested or the same will be kept pending till their arrest? please advice
The trial will start the moment the charges are framed by the magistrate against the accused.
Total likes : 1 times
VINOD VERMA
