I took a FIR, Chargesheet and one 161 statement from IO and used this in My 482 case after IO filled the charge sheet. 207 compliance was not happened at the time of filling 482 and unfortunately i have not taken the certified copy of 161 statement. I used all these documents in High court.
My wife filed a complaint 156(3) in court that i have stolen a 161 statement from the police without IO consent and court ordered to file a FIR against me under section 379 and now police submitted the charge sheet.
Accused is entitled for above mentioned document and court is bound to compliance 207. Though the legal provisions laid down as above, in actual practice, it is the police officer who provides copies of the papers of the investigation to accused persons after filing of the charge sheet.
As per section 173 (7) Where the police officer investigating the case finds it convenient so to do, he may furnish to the accused copies of all or any of the documents referred to in sub-section (5).
I have following question
1. Can my wife file a 379 case against me as she is not the owner of the above documents?
2. As i am entitled for these document can court frame the charges against me