evidentory value of cancelation filed by police while framing of charge
vinod bansal
(Querist) 23 February 2009
This query is : Resolved
Sir
A crl complaintwas filed by someone against my friend before magistrate who sent the complaint to concern police station for registration of FIR us 156(3) crpc after investigation police filed cancellation report in court stated that no offence made out & accused i. e. my friend is innocent ,ultimately complainant filed a protest petition and lodged his objection on police investigation,court after recording his statement summoned the accused i.e. my friend & now case is fixed for framing of charge,i want to know what is evidentory value of police report/investigation ,i want to got discharge my friend from the case but there is statement of complainant which is against my friend,police has filed a report in favour of my friend ,kindly provide me some citations regarding evidentory value of police report/investigation at the stage of framing of charge,i want to got discharge my friend plz help me....thanks
B.B.R.Goud.
(Expert) 23 February 2009
evidentory value of the p[olice report is that the court will presume the facts stated in police report and the accused has to prove against the police report.
PALNITKAR V.V.
(Expert) 23 February 2009
I agree with Mr. Goud.You can not enter into niceties of the case at this state. Unless you have a very clear case you can not get clean chit. But your friend may argue the case before charge and try to seek discharge.
Kamlesh soni
(Expert) 24 February 2009
I do agree with Mr. Goud
A. A. JOSE
(Expert) 24 February 2009
If the opinion given by Mr.Gound is right, then your client in this case has a strong case for discharge as the police report was in your client's favour . However, you may please await for further comments in this regard from some experts in this field.
M. PIRAVI PERUMAL
(Expert) 24 February 2009
I agree with the views of my learned friends.
