In the false 498a case filed by my wife, one Investigation officer collected 161 statements beyond his jurisdiction and adjacent Jurisdiction.The Charge sheet contains ONLY 161 statements nothing else-just a single word that Prima-facie exists. No remarks of Investigatiing officer. After first IO collected 161 statements with out any additions after 10 months as First IO transferred Second IO filed charge sheet remarking that Prima facie exists by taking Bribes as no one offered bribes from our side on 498a etc case. So my question is (1) whether IO collect 161 statements - beyond adjacent to his jurisdiction?That is some where beyond his own and beyond to his adjacent Jurisdiction? (2)After 10 months whether second IO can file charge sheet? (3) No remarks or material in chargesheet except 161 statements? So can I argue that no ingredients of offence collected by IO and he has not acted according to Law by collecting 161 statements beyond his adjacent Jurisdiction?
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Challenge the charge sheet before the High Court in a petition moved under sec.482 crpc.
IO was free to file this chargesheet even after 10 months.
You may point out everything that you have alleged in your query and try getting a stay on proceedings from the High Court.
1. The recording of witness u/s 161 crpc does not depend on the territorial jurisdiction of the particular police station. So if the witness knows the truth and he stays away from the place of occurrence then there is no infirmity in law of the statement is recorded of such witness.
2. There is no time limit either to file charge sheet. So 10 months for submission of CS is perfectly alright.
3. This is again normal . So reserve your argument during trial. Now the stage is not ripe for this .
1. Yes IO can collect the statements from the jurisdiction of other police station also as in investigation of case there is no such jurisdictional issue it time of filing of FIR or complaint.
2. Yes if the IO is changed in case he can file.
3. There is no substantive argument on jurisdiction but you can argue there is no material direct evidence on record, there is no independent witness, all witness are relative of the accused.
Hi, if the FIR has been registered in the competent police station , then the IO has a jurisdiction to collect 161 statement ..
1. What the IO has done is typically what a chargesheet must contain and what every chargesheet contains. It has to contain 161 CrPC statements and a statement by the IO that a prima facie case exists. The IO cannot give a verdict that the guilt is proved.
2. The IO is surely authorised to record the 161 statement even beyond his territorial jurisdiction.
3. The second IO can surely file the chargesheet 10 months after the recording of 161 statements.
4. You are free to apply for discharge.
1. If you find this as an irregularity, you may challenge the same during cross examination of the IO in the trial proceedings and nullify his act.
2. Yes, the successor can file charge sheet if the predecessor ha been transferred.
3. Why do you bother about prosecution case, it is their duty to prove the charges beyond doubt, and it is your problem to defend your interests, hence you may look for getting them false during trial.
My 498a quash petition in High Court is still in For Admission stage since 2013. I wont get any job in abroad until my criminal cases were cleared in India as I need to submit security clearance from Indian embassy.My advocate not shown any interest. so I decided to argue myself as party in person. SO How can I get judgement and clear case - what procedure I have to adopt for LISTING the case before Judge andHow to fasttrack the case because of my joblessness?So far there is no counter from Public Prosecutor or Respondent.Please Hep me with your suggestions
File a precipe for production of documents
2) seek orders for short date as your 498A quashing petition is pending for admission for last 5 years
3) mention that you are jobless and unable to go abroad on account of pending 498A case
The quashing is very rarely allowed. In stead apply to the high court for order of speedy trial f your 498A case so the same is completed within a year and you can come out acquitted.
In such cases the high court always passes order for speedy trial.
Move an application for early listing before the court and demonstrate the urgency by appearing in the court when the application is taken on board. Request the court to fix a date for arguments.
On the date when the case if fixed, make a mention before the court in the morning
If you have decided to follow up and take up your case as party in person, then you may have to follow up the case through the office of the court where the case details are available.
You may request the concerned staff of the office of the court to arrange to bring the case for listing on a very short date, once it is listed for hearing you may take your arguments based on the points you rely upon and the documentary evidences in your support.
The public prosecutor will not file counter.
He will take up the argument directly.
See you can mention before the Hon'ble court for taking up the matter if it is in cut off , if the next date is given and matter is not in cut off then in than in that case on the date of hearing you can argue the matter out on merits and court will pass an order on quashing petition further if the court rejects quashing then in that case you can alternatively pray for the expiditng the matter
I would advise you to engage some lawyer for the purpose of filing applications and other things.
Once the case is listed and comes up before the court then you may appear in person and argue the matter.
Regards
