when police will take statement of accuse
guddu
(Querist) 24 June 2020
This query is : Resolved
police did not asked accuse anything at time of FIR & arresting (both was same day )& after he got jail n bail n lokdown started
challan has not filed yet
how will he know if his statement has taken by police or not ??
1. if statement were not taken (he recalled no one ask him question or any formal talk when took him PS ) &
2 also if panchnama did not make by police in shoplifting case (case property) has recovered by police are both 1 n 2 grounds sufficient to quash FIR ?
3. How he will know if panchnama has made or not ?
Raj Kumar Makkad
(Expert) 24 June 2020
At the time of the filing the challan, the accused shall duly be intimated by the police to come present in the court on a particular day and time.
There is no requirement to record the statement of the accused by the investigating officer.
Case property shall be filed with the challan.
Dr J C Vashista
(Expert) 25 June 2020
The challan shall be filed by the IO after completion of investigation along with relevant documents, list of prosecution witnesses and case property, wait and watch. The accused shall be summoned by IO at the time of submission of challan in the court.
Statement of complainant and other witnesses has to be recorded u/s 161 CrPC and submitted to the concerned Court as part of challan.
guddu
(Querist) 25 June 2020
Police did not contact to accuse till today
Does It means io didn't make challan ?
What about panchnama ?
When it will prepare ?
Raj Kumar Makkad
(Expert) 25 June 2020
When police had arrested the accused, he was duly contacted by the police and no further meeting is required by the investigating officer. Panchnama is prepared well before the filing of the challan.
guddu
(Querist) 25 June 2020
Raj sir when police arrested him they took him MM 'court n court order to jc (jail)
After bail he had not seen or contacted by police
1Does it mean io had not prepared challan till today
2 When he took certified copies from
court he didn't find any Panchnama n statement
It means at the time of FIR panchnama was not created ?
On these ground can he go for quashing ?
Rajendra K Goyal
(Expert) 25 June 2020
These days full proceeding is available online regarding any case. Find out / Search whether such facility is available in your state or not.
It seems the police has not submitted the challan.
Also discuss with your lawyer and confirm
After grant of bail to accused, there is no time limit fixed to file challan.
Raj Kumar Makkad
(Expert) 26 June 2020
1. Yes, the challan is yet to be filed in the given facts.
2. The same shall be filed with the challan so court cannot provide any copy of such documents.
3. These are not the proper grounds seeking quashing of FIR.
guddu
(Querist) 26 June 2020
THANKYOU RAJ KUMAR SIR FOR UR REPLY
P. Venu
(Expert) 26 June 2020
The statement of the accused, even if recorded by the Police, is of no evidentiary value.
guddu
(Querist) 26 June 2020
THANK-YOU P VENU G
