Evidence from complainant in 498a case
RANGARAJAN JAGANATHAN
(Querist) 03 April 2020
This query is : Resolved
Dear Respected Experts,
My wife filed 498A case against me and my family members under section 156(3) and got court direction and FIR got registered. In her complaint she has mentioned that the Enclosed documents are copy of two letters that she allegedly written to her parents regarding the cruelty she undergone at her matrimonial home.
Question:
1) At what stage the original of those two letters were produced in court? When the Investigation Officer who start
enquiry after registering FIR would collect those original letters and sent to court along with charge-sheet?
2) Or it would be produced in court during her Deposition (i.e. her chief and cross examination) How the procedure is followed?
Thanks in Advance
KISHAN DUTT KALASKAR
(Expert) 03 April 2020
Dear Sir,
Such letters ought to have been produced before the Magistrate along with private complaint then only magistrate must have acted upon contents there in to come to the conclusion there was material to refer the complaint under section 156(3) of CrPC. You may approach the High Court and get such orders of Magistrate quashed.
Section 156 in The Code Of Criminal Procedure, 1973
156. Police officer' s power to investigate cognizable case.
(3) Any Magistrate empowered under section 190 may order such an investigation as above- mentioned.
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Section 190(1) in The Code Of Criminal Procedure, 1973
(1) Subject to the provisions of this Chapter, any Magistrate of the first class, and any Magistrate of the second class specially empowered in this behalf under sub- section (2), may take cognizance of any offence-
(c) upon information received from any person other than a police officer, or upon his own knowledge, that such offence has been committed.
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Cognizance by a Magistrate: Meaning and Concept. ... Literally it means to become aware of, but when used with reference to a Court or a Magistrate, it means to take judicial notice of an offence.
Rajendra K Goyal
(Expert) 03 April 2020
Probably the letter had been presented at the time of filing complaint u/s 156(3) before the Magistrate. Ask your lawyer to obtain copy of the case file to help in proceedings.
Raj Kumar Makkad
(Expert) 03 April 2020
1. No cognizance can be taken upon the photocopies of the alleged letters which do establish the base of the allegations. The original are required to be appended with the complaint. The original cannot be produced in the court at later stage.
2. As above.. Three is no other procedure to produce the said docuemnts other than with the complaint which completely has been sent to the police for filing FIR.
RANGARAJAN JAGANATHAN
(Querist) 03 April 2020
Thank you very much Mr. Judge Kishan Dutt
Thank you very much Mr.Rajendra K. Goyal
Thank you very much Mr. Rajkumar Makkad
Thank you very much Mr. Suneel moudgil
Coming to the query of Mr. Suneel sir, In the complaint filed u/s 156(3) it is written that a list of documents enclosed along with petition. But my advocate says he checked with file in court, he did not find any original of letters or photo copies of letters. Thats why I asked the question.
Thank you experts for your kind help and words.
Raj Kumar Makkad
(Expert) 03 April 2020
One thing I missed. I get it corrected now. Generally complainants do not enclose original documents with the complaint anticipating that their application under section 156(3)shall not be allowed and they shall file the desired documents at the time of their evidence but as in the given case, the application was allowed and FIR was registered on that basis so now entire investigation comes with the investigating officer who shall collect the desired documents from the complainant as well as from other places/persons from whom he deems fit in the light of the facts of the FIR.
Your lawyer is correct.
Advocate Suneel Moudgil
(Expert) 04 April 2020
but, the certified copies of the documents must be placed/submitted with the 156(3) application,
RANGARAJAN JAGANATHAN
(Querist) 04 April 2020
Thank you very much Mr. Raj Kumar Makkad sir and Mr. Suneel Moudgil sir.
Rajendra K Goyal
(Expert) 04 April 2020
If your lawyer is of the opinion, orders for lodging FIR were not based on enough grounds, go for appeal.
Rajendra K Goyal
(Expert) 04 April 2020
You are welcome. May revert in case of further question..
T. Kalaiselvan, Advocate
(Expert) 06 April 2020
She can produce the original letters at the time of trial proceedings when she is deposing chief evidence.
The police may file the photo copy of the same along with their report in the meantime.
However since this was a direction sought by the defacto complainant, she should have relied upon all such evidences attached to her petition under section 156(3) cr.p.c. in order to convince the court about her genuineness while seeking direction.
