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Munirathnam (Scientist)     27 January 2010

How to request court to order police to collect evidence

Dear All,

In the on going criminal case U/s 498A, I would like to know the procedure to request honorable court to order police to collect some documentary evidences, belongs to third party, as evidence.

 

Is there any section in CrPC or other through which I can request court for the evidence collection by the police. 

 

In my 498A case, I showed the documentary evidences to the SHO which provide information that the allegations in the complaint (written by my wife) are wrong. Then police changed the version of the complainant allegation in the charge sheet and charge sheet filed in court. Police refused to collect documents which provide information that even the charge sheet allegations are false.

 

Could I make complaint on police on this issue ... is it advisable ... if so under which provision of law ...

 

Thanks.

 



Learning

 8 Replies

Arvind Singh Chauhan (advocate)     27 January 2010

If the charge sheet has been submitted in court but cognizance is due. You can request to court for reinvestigation. But court can not direct to investigating agency to investigate in a particular way. If  thecognizance has been taken in court you can put these all evidences in your defence after 313 Cr.P.C.

Munirathnam (Scientist)     28 January 2010

Dear Aravind,

My 498A charge sheet is filed in court. Court Case number is also given to it.  I do not know whehter cognizance is taken or not, please let me know whether you are refering charges framing (taking cognizance). Court did not frame charges on me till now.

 

For your kind infrmation, re-investigation can be done with Magistrate order at any stage (Apex court has said it).

 

I am planning to file discharge petition in the 498A case. Whereas in the discharge petition accused can not files his supporting docs to the court. Rather accused can refr the docs submitted by police and can do argument to discharge the accused.

 

Prior to this stage I trying to request court to order to collect the evidences (documentary evidences) which provide the said allegations are wrong. Please advice on the leagal provisions to do so. If this happens, I could argue even withrespect to the docs which are part of the court files on that date to get 100% discharge from the case.

 

Please send your comments. Thank you all.

harish prabhu (advocate)     31 January 2010

MAY B SECTION 91 OF CRPC MIGHT HELP U, I AM NOT UNDERSTANDING UR PROBLEM EXACTLY , DO TAKE MORE ADVISE ,


Munirathnam (Scientist)     01 February 2010

Dear Harish Prabhu,

 

498A case is registered and charge sheet is filed on me and on my family members. Whereas police did not collect the documentary evidences to support wife's allegations because, the allegations are wrong, the documentary evidences provide that information. Police colluded with my wife in registering the case. As per my wife complaint all the allegations happened at Bangalore, whereas Hyderabad police registered case at Hyderabad, even they did not conduct enquiry at Bangalore, enquiry also conducted at Hyderabad where no allegation happened.

 

Now I want to ask court to discharge me from the case. Whereas during the argument I would like to refer that the allegations are false. To support my arguments some documentary evidences need to collect which I can not do, I need police support, but Hyderabad police is not supportting me in this regard. So I want to request Court to order the police to collect them.

 

Please advice me how to request court to order for evidence collection. Does it required at all (I am the accused)? Can I argue without evidences which support me and also which say allegations are false.

Thnak you.

 

Arvind Singh Chauhan (advocate)     01 February 2010

Prabhu Sir has reffered the perfect section under which you can pray to court to call or to summon for production of document.

sweta singh (n/a)     01 February 2010

 wat type of doc r there that to collect them u need police support????

harish prabhu (advocate)     01 February 2010

Sir. may be u should try to apply for those documents under the RTI ACT, if the documents are with the authorities which come under the perview of the RTI ACT, then u'll getting it easily ... otherwise try the Sec 91, or if u have a xerox copy of those doc, u can get it marked on satisfying the court that the original of that said document exists, u can then apply under Sec 66 of EVIDENCE ACT to produce the document, Moreover I don't think u'll discharged at this moment with out prima facie, satisfactory evidences, may b u should wait untill the prosecution finishes its evidences and 313 statement is made.. at that stage u get ur chance to produce ur witnesses and docs for perusal of the court..........

Daksh (Student)     22 February 2010

Dear Mr.Harish Prabhu,

Kudos for such a fanastic reply - kudos for such a professional approach in ur reply.

Best Regards

Daksh


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