It is a matter of common knowledge that in many of the cases investigations are performed by the police on paper without taking real statements of the witnesses. statements under s. 161are shown in tune with the story of FIR and almost the contents of the FIR is repeated in the statements. but the magistrate takes cognizance machanically and the things are left for trial. The high court also does not interfere on this ground u/s 482 at the stage of submission of chargesheet as the matters being disputed questions of facts.
Here is a unique case where, the FIR u/s 419, 420 IPC , has been lodged by 19 persons . In the FIR, they have given their mobile numbers bearing less than 9 digits. Now the charge sheet has been submitted and the statements of the complainants are same as in FIR. In alleged statements, the main complainant, has stated the names of other victims/comlainants and has given their mobile numbers which are the same as in the FIR with same loophoe i.e. bearing less than 9 digits. I am filing an application u/s 482 for quashing of the charge sheet on one of the grounds that no investigation has been done by the police at all.
Kindly provide case law if any, and advise other supportive arguments and oblige.
Looking forward to hear from learned legal experts,
- Dr. V.N. Tripathi
