Enquiry by i.o and submission of chargechet

Querist : Anonymous (Querist) 26 August 2011 This query is : Resolved
Respected Expert,

Would you please guide me in the following matter..

A case was registered in the PS against my son U/S 366 Crpc actually the case was of elopement. the statement of the girl u/s 164 vindicate the case of elopement. now Charge cheat is given by IO as if my son did the offense US 366 CrPC stating many peoples name in the Charge cheat as witness against my son but the IO never ever asked a single question to us including my son in the name of Investigation so is not it partial investigation if so what action we can take against the earring IO and what precaution is to take against the false witness.. Please suggest.

Thanking in anticipation.

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ashok kumar singh (Expert) 26 August 2011
file appropriate application before the concern Hon'ble Magistrate seeking inquiry against the I.O. under Section 217 and 218 of Indian Penal Code, thanks.

Raj Kumar Makkad (Expert) 26 August 2011
It is difficult to be agree with expert Ashok Kumar. IO is required to mke impartial enquiry in the case and collect entire chain nd put forth his final report before court under section 173 Cr. PC. If any erroneous investigation has been conducted then its ultimate benefit shall go in favour of accused while evidence and final argument but if the accused is dissatisfied from the investigation and wants re-investigation then he may move an application under section 173 (8) of Cr. PC instead of filing suggested complaint under section 217 or 218 of IPC. Both these sections are not relevant in the matter in hand.

prabhakar singh (Expert) 27 August 2011
Expert : raj kumar makkad has rightly opined.

Querist : Anonymous (Querist) 27 August 2011
Dear Sirs
Can we (Parents) write to the trial court in details and pray for emphasis on erroneous investigation and those monument which are not given by IO to the court.
Please guide sir,

Guest (Expert) 27 August 2011
you can give petition to the superintendent of police and if no action has been taken you can quash the charge sheet & get an order for re-investigation u/s 482 of Cr.P.C. Trail court will not consider these matter at any stage.(It may be a ground of defence at trail)

Devajyoti Barman (Expert) 27 August 2011
You can apply before the magistrate for re investigation before or after the submission of charge sheet.

Querist : Anonymous (Querist) 04 September 2011
Most Respected Expert
After going through your guidance I have decided to write to the magistrate as follows, Please guide/ correct me to save my son,
Thanking in Anticipation.

MOST RESPECTFULLY I beg to submit the following contravention done by I.O. for the above mentioned case.
1. That me and my Accused son xxx went to the xx P.S at around 10:00 PM on 18/05/2011 to submit an FIR against the Victim girl (Copy annexed as Annexure – A) our FIR was not emphasized during course of investigation.
2. That we gave many mobile phone numbers in our said FIR informing to PS that my son get blackmailed by Victim girl yy. I doubt none of these number were inquired to find out actual fact.
3. We gave a phone number (xxxx78768) to the PS informing that yy made phone call to my son, the call was at around 8:00 – 8:30 PM on 18/05/2011. (This is the day noted as kidnapping took place) This vindicate that the allegation/ charge U/S 366 on same date (18/05/2011) at 5:30PM is false.
4. That the girl yy made phone call to my son on 18/05/11 at around 8:00 – 8:30 PM from mobile number xxxx78768 to xxxxx8105 on the contrary she could made call to her family member if she was really kidnapped by my son.
5. That on 23/05/2011 we made a missing report to the xx PS (Annexed as Annexure – B) suspecting the family of yy, next very day i.e. on 24/05/11 Mrs zzz lodge an FIR with a slander of kidnapping to my son and to Mrs vvvv. The crux is that IO did his best to register the case on 23/05/2011.
6. That the I.O. altered the age of my son from 19 Years to 21 years of age.( Age was cited on the missing report) (Birth Certificate annexed as Annexure – C)
7. We made complaint to the State Police Accountability Commission against the IO and some other police officer so the charge sheet against the case is vindictive action and partial.

Enquiry by i.o and submission of chargechet

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