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manojabcde (engineer)     07 August 2019

Whether acb should share information with complainant

Whether ACB should share information with complainant to get further in-depth views for prosecution OR it should keep secret to submit final report------

               During last five years, I came across two different views with acb staff. One staff used to share information with complainant to get further input. After their transfer, new staff keeping every thing secret and submitted final report in one matter.

                 So please suggest what is the legal position of ACB with complainant whether it should get further feedback or keep on every thing secret and submit final report on becoming unable to find conclusion.

 



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 3 Replies

Sudhir Kumar, Advocate (Advocate)     07 August 2019

please statethe problem being faced.

manojabcde (engineer)     08 August 2019

Adv Sudhir Sir, Thanks for your kind reply to know more details which is submitted below.

This is a case of tampering of answersheets of recruitment exam. Tampering was proved in forensic reports and FIRs were lodged u/s 154 by ACB four years back. At that time, ACB staff used to share vital documents with complainants due to which FIRs were lodged. Now after passage of time, new staff inclined to file the matter , so hiding every thing from complainant and speaking language of accuseds by being hand in glove with accuseds. Moreover, it is far far easy, efffortless to submit final report by citing nothing found rather than submission of challan and facing advocates. 

 

So my request is to know legal provision of sharing information with complainant by ACB whether previous staff was correct in sharing information with complainant to get feedback for further investigation or new staff is correct in welcoming accused to submit final report.

 

Sudhir Kumar, Advocate (Advocate)     08 August 2019

They may if they so decide file untrace report in court wherein complainant will have chance to oppose.

 

You may without waiting for said time file writ mandamus in High Court.

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