Investigation
Yatin
(Querist) 13 February 2012
This query is : Resolved
Sir,
during investigation the accused does not have a right to be heard but could the complainant be heard at every stage of investigation?
sharad raghav - 9990549475
(Expert) 13 February 2012
investigation is not abt complainant or accused whr as its abt the commission of an offance......it is a process by which concerned authority(investigating body) collecting evidences ect......
sharad raghav - 9990549475
(Expert) 13 February 2012
investigation is not abt complainant or accused whr as its abt the commission of an offance......it is a process by which concerned authority(investigating body) collecting evidences ect.....
Yatin
(Querist) 13 February 2012
In a case the i/o requested court assistance in sending letter rogatory which is part of investigation. The court did not hear the accused however allowed the complianant to argue the matter which resulted in many wrong facts being incorporated in the order allowing letter rogatory. the question is weather thecomplainant could argue or assist prosecution during investigation? and weather the judgement of court can be challanged ? if yes, where in Session court or HC?
Yatin
(Querist) 13 February 2012
In a case the i/o requested court assistance in sending letter rogatory which is part of investigation. The court did not hear the accused however allowed the complianant to argue the matter which resulted in many wrong facts being incorporated in the order allowing letter rogatory. the question is weather thecomplainant could argue or assist prosecution during investigation? and weather the judgement of court can be challanged ? if yes, where in Session court or HC?
prabhakar singh
(Expert) 13 February 2012
Investigation is Investigation and NOT any hearing or trial.
Adv.R.P.Chugh
(Expert) 13 February 2012
The Accused is has no right of hearing before the issue of letter rogatory - nor the complainant. However if the court finds merit in complainant's request - which i am sure is endorsed by the IO - the court is within its powers to pass the necessary orders.
Yatin
(Querist) 13 February 2012
the order for issuance of letter rogatory does not mention that complainant wanted to be heard but it does state that accused through their lawyers, verbally requested to be heard and it mentions further that accused have no right to be heard during investigation therefore not allowed. by the same logic even the complainant should not have been allowed as letter rogatory is part of investigation which is carried out by i/o and not by complianant?
Yatin
(Querist) 13 February 2012
is the decision for issuing letter rogatory challangeable as it suffers from mistake of facts ? and if yes, it could be appealed in session court or HC?
Rajeev Kumar
(Expert) 13 February 2012
In investigation the investigating body has no power to hear the complainant or accused unless the letter rogatory.
Raj Kumar Makkad
(Expert) 13 February 2012
You being accused have got no right to be heard in the matter of letter rogatory and thus the order is neither challangeable nor your objection tenable before law.
