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Munirathnam (Scientist)     24 December 2012

Way to 498a victim get help from police to collect evidence

Dear All,

 

As per Section 173(8) of CrPC the husband side or wife side can write letter to police to collect evidecne even after filing the charge sheet or closure report.

 

Police can not refuse to collec evidence and in India only Police has the power to collect any evidecne material and the conclusion made on that evidence/material to the concern Hon'ble Court U/s 173(8) of CrPC.

 

To do this police no need to take permission of court.

 

Citations from Supreme Court.:

 

  1. Hon’ble Supreme Court of India in case of Rama Chaudhary Vs State of Bihar 2009 (6) SCC 346.
  2. Judgement in case of J. Alexander, I.A.S., Major Vs State Of Karnataka on 18 August, 1995

 

 

Hope above citations would help Husbands to get help from police. If police do not help then file criminal case against the police for disobeying direction of law and for committing offecne to destroy the evidence.

 

Then everything works.... never afried of police unless otherwise you did naything wrong in the past.



Learning

 9 Replies

Munirathnam (Scientist)     24 December 2012

Read the IPC sections applicable to the Public Authorities while doing their duties. I have filed two such cases and my problems are solved. Earlier officers transfered to another place and Later officers who are holding the office are working on my requests without any delay.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     25 December 2012

very nice information

Munirathnam (Scientist)     26 December 2012

if 'A' the applicant makes an application to the police for carrying out further investigation and the police refuses to carry out further investigation or carries out further investigation under 173(8) but it does not culminate in the finding of any new evidence in favour of the applicant, is it a 'disobedience of a direction by law'

In the above case, if police fails to furthe rinvestigate the crime as per the statements or documents reference of the informant, it is crime from police side and if further investigation do not result anything there is no crime from police side but could be wrong from applicant/informant6 side for misleading the police.

 

If any evidecne fails to collect before it destroys they the police is liable and they can be prosecuted for destruction of evidence or neglizance and other relevant provisions of law.

 

You said that my interpreation of law is different but failed to give reasons and also you failed to understand the law and you are unfit to make comments on me. Go ahead with your business.

Vipin Kumar Marya (Advocate)     26 December 2012

Good discussion for enhancing the knowledge for thoes who never deals with the quoted sections of CrPC

Vipin Kumar Marya

 

9555340017

Munirathnam (Scientist)     26 December 2012

In my case, initially magistrate court refused to accept application U/s 91 of CrPC before framing the charges. It was rejected stating at appropriate time the application shall be filed but not before framing the charge.

 

Later I filed application Us/ 211, 212, 213 seeking the information about the particulars of the charge/allegation to be proved by accused.

 

Court does no thave any answer .... it kept it pending because allegations are vague in nature....

 

What court is doing at this moment is meaningless.

Munirathnam (Scientist)     26 December 2012

My counsel said that the court proceedings would not lead any useful purpose because the allegations are vague and no one can prove/disprove them ....

 

My consel says court proceedings are meaningless but still he says we need to proced with trail ..... hecne trai is going on....


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