How to get copy of complaint from Police IO (EOW)
There is a complaint given by employer against employee and asked to lodge a FIR. There is also a audio cd of telephonic conversation given with complaint in which accused was taking for a job opportunity in other company. Employer has charged accused for giving out secret information, in section 420, 406.
Police investigation officer (IO) of economic offence wing is not giving copy of complaint and IO is insisting to bring the accused to give statement. Accused family member have repeatedly requested IO to issue us a copy so that legal advice can be taken before giving statement, but IO has clearly denied to give copy of complaint.
How to get a copy of complaint and that audio cd of telephonic conversation
Asked in Criminal Law from Gurgaon, Haryana
The accused has the right to be given a copy of the complaint made against him. The IO is under an obligation to furnish the same to him as it is not possible for the accused to consult a lawyer for legal advice unless he is in possession of the complaint. The accused may write to the Commissioner of Police disclosing the refusal of the concerned officer to furnish a copy of the complaint. Alternatively, he may take recourse to RTI Act to obtain the copy.