no prima facie - how case was taken up by POLICE & COURT/FCM

anantha madhav (Querist) 22 July 2011 This query is : Resolved

CRPC:170.Cases to be sent to Magistrate when evidence is sufficient.-

1) If, upon an investigation under this Chapter, it appears to the officer in charge of the police station that there is sufficient evidence or reasonable ground as aforesaid, such officer shall forward the accused under custody to a Magistrate empowered to take cognizance of the offence upon a police report and to try the accused or commit him for trial, or, if the offence is bailable and the accused is able to give security, shall take security from him for his appearance before such Magistrate on a day fixed and for his attendance from day to day before such Magistrate until otherwise directed.

My Brief:
Facing false dowry charges alleged by the 498a complainant

My Query based on 170(1):
a). I filed RTI about evidence I got reply from the PIO[CI-IO-SHO] that there are no single exhibits/evidence on curley or dowry allegations except 161 statements.

Here my contest is on 170(1) which clearly specifies about evidence

Every one knows that POLICE is Corrupted.

When there are no exhibits/evidence, what about the Court/Magistrate how will they come to a conclusion that there is a prima facie without exhibits/evidence.

b). Mere 161 statements will do just to see that there is prima facie against the
A1 - AN

Please clarify how the POLICE and court/magistrate taken up the case

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