How to get evidence on record
sunil sunil
(Querist) 20 September 2012
This query is : Resolved
The return of my own money loaned to FIL has been used to file false dowry and 498a cases against all of us. The IO has refused to mention this in Chargesheet. I have acknowlegdment from the IO of having received all my bank documentation showing the loaned amount.
Can anything be done besides bringing it up during trial? Please help.
ajay sethi
(Expert) 20 September 2012
you have a strong case on merits . if you are able to show that you have advanced money to your father in law by cheque and your father in law has subseqently returned the said loan you can in your evidence mention said fact . further in cross of your father in law you cna confront him with said documents . you will ultimately succeed
ajay sethi
(Expert) 20 September 2012
The Apex Court in Randhir Singh Rana v. State (Delhi Administration) held that the Court can direct further investigation at the time of cognizance and after cognizance is taken. But after appearance of the accused and after commencement of trial on charge being framed, the Court is not empowered to order further investigation. After appearance of the accused and after commencement of the trial, the court can only look into the materials already on the record and either frame charge, if a prima facie case is made out or discharge the accused bearing in mind relevant provisions. Of course, the discharge of the accused would not prevent further investigation by police and submission of charge sheet also thereafter, if a case for the same is made out. No doubt, police has got independent power to make further investigation and file any number of additional charge sheets, but the court cannot order further investigation after commencement of trial. In the instant case, the trial has been commenced and three witnesses have been examined and thereafter the District Judge issued official memo to the investigating officer as well as to the Magistrate concerned to pursue the matter and made the investigating officer to file additional charge sheet.”
ajay sethi
(Expert) 20 September 2012
Calcutta High Court in Anima Ghosh vs The State Of West Bengal on 2 August, 2010—“Police is empowered u/s S.173(8) Cr.P.C. to make further investigation but, it does not debar a Magistrate to direct further investigation if Magistrate finds that earlier report submitted by police was on the basis of investigation, which was perfunctory and designedly defective
sunil sunil
(Querist) 20 September 2012
Thank you for posting helpful judgments. My objective here is to get my family (who had nothing to do with the marriage) out from the messy case as soon as possible.
1. Reading the first judgment I get the impression that the magistrate can only order further investigation only until cognizance is taken, and the police can do so at any time. Is this correct? Can such further investigation result in removal of sections or exoneration of accused if evidence points to it?
2. How to get magistrate/police to do this? Submit a petition to court?
Thank You. I am very grateful for the help.
