witness of Police itself


Hi All,

I m new to this forum but i found it's good way to get KT.

Actually, I want to know that how much witness of police it self valid if complainet it self done by Police. u/s 353

kindly suggest,

 

 

 

 
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Advocate/Lawyer

I guess U wish to know about importance of statements of a police witness/complainant in case of case u/s - 353, i.e., the Assault or criminal force to deter public servant from discharge of his duty. Well such statements of the police witness/complainant will have to stand the test of trial and depending upon the correctness/veracity together with other evidence/s if any, may conclude in conviction or acquittal

 

 
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Thanks!!!! for your reply

Your guess is right. I will provide the full detail of the case

 

 
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Hi,

Actually, it was holi. When the incident occurred with my brother and he has stopped on one of the police boot by constable. He was driving two wheeler without license and without helmet then constable demand the money to leave but my brother did not have money. My brother requested him to leave & saying sorry but constable told you can talk to Sahab(SI). After taking to SI, SI ordered the constable to take him in the Police Station. On this constable again demand money to leave but my brother replied was same. Then SI finally gave the challan of scooter & impounds the scooter. In the mean time, I and my brother in Law reached at incident place. We came to know about the same from brother’s friend who was on another vehicle but unluckily Police constable caught my Brother.

 
SI already given the challan to my brother and he has accepted the challan. I have started to talk SI like why are you impounding the scooter if you have given the challan and your staff is demanding the money. I will complaint all of you and I am an Advocate. On this SI got frustrated, He immediately called SHO and took us at Police station and said “I will teach the leasson how to take “Panga” with Police”
 
On this, he launched the FIR on us U/s 34, 186, 353,506 and contents of FIR   like
 
  1. My Brother refused to sign the challan.
  2. My brother given the threat to SI like you have to pay for this challan.
  3. My brother called Criminal force.
  4. They have stopped me to execute my duty and they have thrown the challan book.
  5. They have threat to kill me.
 
Later on SI changed the challan and written like refuse to sign.
 
 
Kindly give your opinion
 
 
 

 

 
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Hi,

someone please reply.

Regards,

 

 

 

 

 
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Dear Manjeshwar sir,

I am looking for your opinion.

Kindly suggest

Regards

 

 
Reply   
 
Advocate/Lawyer

Hi Tarun, Well these are just the facts from ur side, we'll have to see the charge sheet filed by the police where they would come out with their facts alongwith statements of witnesses also. Only on perusal of the chargesheet can one remove loopholes and/or pinch holes in their story. My advice to u would be to hire a competent lawyer and fight out the case.

 
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Thank you Sir for your reply.

Sir, Actually i have given the bullet point of the charge shett. SI include the witness of 4 constables.

Also, sir i want to Know that SI has a power to destroy the old challan. SI have a right to use different challan book if old one is not filled out.

Kindly suggest

 

 
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Advocate/Lawyer

Dear Tarun, Are U more worried about the challan or the allegations put up against all of u in the charge-sheet ? Offences alleged to have been committed by you as per the FIR by police is committing following offences in furtherance of common intention (a) obstructing public servant in discharge of public functions (b) assault or criminal force to deter public servant  from discharge of his duty (c) criminal intimidation. The fact remains that because a challan was being issued to ur brother , U and ur brother-in-law arrived at the police station & therefater these offences were deemed to have been committed by you as per the charge sheet filed by the police. I have previously mentioned that the FIR, statement of the witnesses will have to stand the test of trial. How well they withstand the cross examination by ur advocate, coupled with ommissions & contradictions brought forth in evidence will have impact on the outcome of the judgement. So hire a competent lawyer for the trial.

 
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