Case u/s 409 ipc
Nirmal Singh
(Querist) 26 July 2013
This query is : Resolved
A case u/s 409 IPC was registered against a clerk after a thorough inquiry, because he, after receiving the 4 ACRs of an ASI of police did not place it on the ACR file after it was formally accepted by the competent authority and he did not mentioned about it in the index of the ACR file which is mandatory as per rule. The said clerk was arrogant by nature and have ego problem also. He also misappropriated the Diary and dispatch register for the years the ACRs belongs to, i.e 2002 to 2005. He also misappropriated ACRs of many other Police officers which will be investigated during the course of investigation.This fact if on record. what should be the ingredients in the statements of the witnesses whose statement is to be recorded u/s 161 Cr.PC, particularly the statement of complainant. whether the motive behind the misappropriation is mandatory to be brought on the record/ in the statement of complainant?
Advocate M.Bhadra
(Expert) 26 July 2013
Under Section 161 Cr.P.C. the police officer may reduce into writing any statement made to him in the course of examination under that provision and if he does so he shall make separate and true record of the statement of each such person whose statement he records. The provision in other words authorizes the police officer to reduce into writing any statement made by a witness. In a given case the investigating officer may record circumstances ascertained during investigation in the case diary in terms of Section.
Supreme Court of India
State Of Nct Of Delhi vs Ravi Kant Sharma & Ors on 13 February, 2007
Author: . A Pasayat
Bench: . A Pasayat, S Kapadia
CASE NO.:
Appeal (crl.) 201 of 2007
PETITIONER:
State of NCT of Delhi
RESPONDENT:
Ravi Kant Sharma & Ors
DATE OF JUDGMENT: 13/02/2007
The direction of the High Court as contained in the impugned order is not a definite one. It only refers to Shamshul Kanwar's case (supra) and concludes that if the 'gist' can be regarded as statements under Section 161 Cr.P.C. although in summary form they would have to be made over to the accused. It does not factually find out that as to whether the gist can be regarded as statements in view of the position of law stated above. It did not take note of the specific stand of the appellant about separate maintenance of case diaries.
In view of what has been stated above, the directions of the High Court are clearly unsustainable and are set aside.
R.K Nanda
(Expert) 27 July 2013
no more to add.
Raj Kumar Makkad
(Expert) 29 July 2013
Motive is definitely required to be inserted in the statement to be recorded under section 161 of criminal procedure code.
Nirmal Singh
(Querist) 16 August 2013
WHETHER prosecution sanction u/s 197 cr.pc is required in this case? pl. also tell me whether section 166 IPC can be added along with 409 IPC....?
Nirmal Singh
(Querist) 13 October 2015
In this case the accused made a representation before the competent authority at the stage of prosecution sanction, he alleged that I have seek legal opinion from Lawyers club India.com, whether seeking legal advice form any legal expert or forum for free and fair investigation is valid or otherwise...???