Incomplete and biased chargesheet in 498a
Shekhar Rohilla
(Querist) 16 May 2019
This query is : Resolved
In my case, IO has submitted an incomplete charge sheet before court. He hides important documents/evidence that can lead to discharge all accused.
Now I and my lawyer is planning to move an application in concerned court that IO has not done proper investigation and he hides essential documents submitted by me during the investigation which is clear by observing charge sheet.
There is no doubt in the fact that based on those document entire case can be proved wrong and accused can be discharged safely at the time of charge frame. I need expert advice about what would be the best move for me. What are the things we need to keep in mind while drafting the application? Is there anything else we can do at this moment. My date of charge frame is in August.
Dr J C Vashista
(Expert) 17 May 2019
Whether the documents favour your case or not?
Your lawyer is the best person, an able, intelligent and competent enough to advise and proceed.
Do not rely upon obligation of experts since their (expert's) opinion shall be based on limited information posted by you.
Shekhar Rohilla
(Querist) 17 May 2019
Thanks, sir for your reply. Documents are certainly in my favor there is no doubt in that. These documents are strong enough and able to discharge all accused at charge frame itself.
I do understand your point. It's just I want to know that, will it be right to move an application against IO?
If yes what should be there in the application and under what section?
If no what else can I do?
KISHAN DUTT KALASKAR
(Expert) 24 May 2019
Dear Sir,
If you are an accused you cannot ask the IO to do more investigation but you are at benefit hand and take loopholes in the charge sheet and file discharge application and get discharged or approach High Court to quash such incomplete charge sheet.
Please mark “LIKE” if satisfied by my answer.
