R.SHAH (OFFICE STAFF) 10 October 2012

Summons not served to i.o. hence closing of i.o. evidence

hello,

in 498a case the prosecution side since 21 months issuing notice to the I.O. but it returns back with report as not served due to transfer of I.O. and / or due to bandobast summons has not served. in 21 month morethan 19 summons was issued by court to I.O. whenever i filed to close I.O. evidence and proceed with the matter for final steps. but prosecution file application per give say on appl. for re-issued the summons to I.O.

kindly advise what remedy (accused) have to close this I.O. evidence has it was continues since 21 months. the accused statement were already recorded and thereafter about 10 nos. of summons reissued to I.O.

any judgment / section for this.

note: previous judge has took the stand of closing I.O. evidence has prosecution failed to bring I.O. for evidence has prosecution need in the case and after all this evidence close and recorded accused statement.

regards

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2 Replies

Bhawani Mahapatra (Law Officer) 10 October 2012

Mr. Shah

Non-examining the I.O. would certainly favour the accused. But you have no scope to forego the steps. Similarly though accused statement is recorded prior to examining the I.O, it would again favour the accused also. So wait for few more days or act as per your lawyer's advice

R.SHAH (OFFICE STAFF) 11 October 2012

dear sir, here in this case i m is the accused and facing this problem and wanted to know how to stop this evidence stage of

I.O. and proceed matter for final arguments.

Also, after accused statement recorded the prosecution has examined the doctor in the case and doctor deposition is over, so pls. let me know that the accused statement will be re-recorded as doctor deposition comes now, but doctor has disposed about injuries and it types sustain by her and treatment and one line statement that 4 people assulted her as per patient say and i have recorded that in the medical report, which is false statement given by her to doctor, for this purpose will accused statement be recorded.

kindly advise at soon.