Recording of statement of witneses by police infront of magistrate
B@75BHAIBABU
(Querist) 16 April 2013
This query is : Resolved
a case has been registered on my complain in police station.from the very begining police station is helping the accused as they are very powerful people.proof that police were helping accused are1)fir was registered 11 days later after complain was lodged and that only after i warned them that i will go to sp to complain.2)copy of fir was sent to gr office of court 10 days later after fir was lodged.3)i have clearly mentioned offences along with all evidence to prove the ingredients in my complain but they didnot include any of it.instead they included those sections in which if the accused are chargesheeted ,accused will get scottfree.4)i.o never came to me for investigation till accused got anticipatory bail in high court.(anticipatory bail was rejected in lower court as p.p who is known to me opposed ).i.o had not writtenabout any evidence that i had submitted in his cd.5)none of the accused were arrested though one of the accused was only 500 metres away from p.s signing in sale deeds every day in registry office.6)i have submitted all documentary evidence(answers through rti act and recorded conversations) and i have receipt copy of it but i.o said that he has not got any one.7)till now statement has not been recorded of witnesses (3 months have passed).NOW I/C IS SAYING THAT WITNESSES STATEMENT WILL BE RECORDED INFRONT OF MAGISTRATE i.e 161 crpc will be done infront of magistrateAND HE HAS DIRECTED I.O TO SEND LETTER TO WITNESES. .SIR I HAVE SUBMITTED RECORDED CONVERSATION OF WITNESSES AS EVIDENCE.(TO PROOVE DISHONEST INTENTION OF ACCUSED AND ENTRUSTMENT PORTION OF CRIMINAL BREACH OF TRUST offence).I SUSPECT THERE IS SOME ILL MOTIVE ON THE PART OF I/C TO SAVE THE ACCUSED.
I SUSPECT THAT AT THE TIME OF RECORDING OF STATEMENT BEFORE MAGISTRATE I.O WILL NOT BRING TO THE NOTICE OF MAGISTRATE ABOUT RECORDED CONVERSATIONS.AND BEFORE THAT I.O MAY CONVINCE WITNESSES TO SAY TO MAGISTRATE OPPOSITE OF WHAT WITNESSES HAD SAID DURING RECORDED CONVERSATION.
SIR I WANT THAT AT THE TIME OF RECORDING STATEMENT I.O SHOULD SUBMIT RECORDING CONVERSATIONS TO MAGISTRATE ALSO .WHAT IS THE PROCEDURE TO DO THAT?CAN I SUBMIT A PRAYER TO MAGISTRATE IN COURT TO CALL FOR RECORDED CONVERATIONS?WHAT OTHER PRECAUTIONS SHOULD I TAKE TO DEFEAT THE ILL MOTIVE OF I.O.?WHAT SHALL I DO IF WITNESSES TURNS HOSTILE AND SAY JUST THE OPPOSITE OF WHAT THEY HAVE SAID IN RECORDED CONVERSATIONS
Devajyoti Barman
(Expert) 16 April 2013
You can not intervene the course of investigation. If you think that the investigation is not being done properly then you can apply to the court so it may ask report from police and keep track of its investigation.
Adv k . mahesh
(Expert) 16 April 2013
if the investigating officer has not submitted recorded conversations then you can pray for the same by stating that the investigation was not done properly
R.K Nanda
(Expert) 16 April 2013
agree with experts.
Raj Kumar Makkad
(Expert) 16 April 2013
Statement before the magistrate can be recorded under section 164 Criminal Procedure code and not under section 161 as you said. If section 164 comes in the way, this is beneficial for you but it is your responsibility to get recorded the proper statement of those witnesses in your favour. You can also exploit those witnesses that if they do not got recorded their statements as per earlier recording, they may face its consequences.
None can force the witnesses to make statements as per his desire. You can only convince.
If you are not satisfied with the investigation of the police, do file criminal complaint simultaneously.
