saurabh (advocate) 15 July 2012

Destruction of evidence

there was a death case in year 2000 when a person died after eating a pastery from the backery, hospital preserved both blood and viscera and handed over to police but in the PM report IO recived only vicera, after 10 years in year 2011 police filled the cancellation report, complaint filled the protest petition and another application to procevute Police officials for destruction of evidence,

Because Hospital (GoVt Hospital) gave in RTI and Ready to gv in affidavit that they preserve and sealed both viscera and blood and police saying they have only viscera , CFSL RTI shows that viscera was unpreserved , but Hospital saying that Viscera was preserved....

Magistrate cancel the cancelation report and issue summon against the backery under 304 a, but dismiss to take action against the police under 201 IPC

Please Provide me What to do , APpeal or Revision, what benefits me in this case ???

If i appeal in District court can i appeal in High Court ( Under What Sections ) ??

if revisin in District Court then Can i appeal in HC (under what sectoipn)

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surjit singh (Assistant) 15 July 2012

I think you should approach the high court by preferring a revision against the order passed against your application for prosecuting the police for deliberat negligence in collection of evidence, but it will be better to make the hospital authority also as party, so they may file their reply before the court which will be in your favour since they have given you the reply under RTI Act. Also enclose the document under RTI. NOW IF YOU FILE REVISION BEFORE DISTRICT COURT THE NEXT OPTION IS SLP. SO TRY YOUR REVISION IN THE HIGH COURT.