Investigation

abhimanyu (Querist) 01 December 2020 This query is : Resolved
A, received a notice under Section 111 of the CrPC from an Executive Magistrate in which he refers to a report from the Local Police Station as per which A beats two labourers of the locality because of which there is tension between the parties and they are likely to commit a breach of the peace and on being satisfied with that Report Executive Magistrate issues a show cause notice to A as to why he should not be ordered to execute a bond, with two sureties of Rs. 35000/- each for keeping the peace for 6 months. The fact is that A has never beaten those labourers and their complaint is false.

Please opine on the following points”

1. As A, who has never beaten labourers, has not been provided a copy of the Investigation Report referred to in the Notice received him, and is not aware of anything mentioned in such Report on the basis of which the Notice has been issued to him, he cannot defend himself before the Executive Magistrate.

i) Can A make a prayer to the Executive Magistrate to provide him a copy of the Investigation Report , contents of which he is not aware at all, so that he can show cause as to why he should not be ordered to execute a bond, with two sureties of Rs. 35000/- each for keeping the peace for 6 months?

ii) What are chances that prayer of A for providing a copy of the Investigation Report will be acceded to by the Executive Magistrate

iii) What type of sureties can be provided in such cases for Rs. 35,000/- .

iv) Can A make a prayer to the Executive Magistrate to order an Enquiry in to this case?

v) Can A make written submissions before the Executive Magisrate on points (i) and (iv) above on the first date when he appears before him?

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Guest (Expert) 01 December 2020
Discuss this in detail with an Advocate preferably who practices in the Concerned Court and seek his guidance and let him represent your case. Your Presence would be mandatory during the Court Proceedings and positively present your self.

abhimanyu (Querist) 01 December 2020
IT IS REQUESTED THAT RESPECTED EXPERTS MAY GIVE THEIR RESPECTIVE OPINIONS IN THE MATTER

Isaac Gabriel (Expert) 01 December 2020
Whenever any complaint is registered, it needs to be contested, for whic a copy to be applied. A local lawyer will be of great help in managing the legal requirements.Exper N. J.S has rightly advised.

Advocate Bhartesh goyal (Expert) 01 December 2020
I completely agree with the views expressed by Expert N.J.S.Rajkumar.

P. Venu (Expert) 01 December 2020
Admittedly, A has received only a Show Cause Notice. He, certainly, has the opportunity under the provisions of Section 116 make his submissions personally or through an advocate.

abhimanyu (Querist) 01 December 2020
RESPECTED SIRS, THE PERSON CONCERNED HAS BEEN ADVISED THAT THIS A CRIMINAL CASE AND UNDER THE CRIMINAL LAW HE HAS NO RIGHT TO ASK FOR A COPY OF THE INVESTIGATION REPORT ON THE BASIS OF WHICH HE HAS BEEN DIRECTED TO SHOW CAUSE as to why he should not be ordered to execute a bond, with two sureties of Rs. 35000/- each for keeping the peace for 6 months.

IT IS, THEREFORE, WORRYSOME AS TO HOW THAT POOR FELLOW WILL BE ABLE TO SHOW CAUSE AND DEFEND HIMSELF WITHOUT KNOWING THE ALLEGATIONS LEVELLED AGAINST HIM IN THE INVESTIGATION REPORT.

PLEASE ADVISE.

P. Venu (Expert) 01 December 2020
It appears you are having more knowledge than the Law. Please read CrPC Sections 107 to 124.

abhimanyu (Querist) 02 December 2020
VENU SIR, PLEASE DO NOT GET ANNOYED. THE PERSON CONCERNED HAS BEEN ADVISED THAT THIS A CRIMINAL CASE AND UNDER THE CRIMINAL LAW HE HAS NO RIGHT TO ASK FOR A COPY OF THE INVESTIGATION REPORT. IT IS NOT KNOWN HOW THAT POOR PERSON SHALL DEFEND HIMSELF. SECTIONS 107 TO 124 SHALL BE STUDIED.

Isaac Gabriel (Expert) 02 December 2020
Don't get.panic.Adi-Alterum-partem is the rule of law.Nobody can be condemned without fair giviing fair opportunity.

Dr J C Vashista (Expert) 02 December 2020
Well advised by experts, I agree.
Executive Magistrate can ask for submition of Bail Bond to maintain peace and tranquality. If any one want to contest the case, he/ she may file reply to the Kalandra filed by SHO.
Both the parties shall have to appear before the EM on all dates for 6 months, thereafter the Magistrate can not continue and shall have to close the case.
It would be better to consult and engage a local lawyer to advise and proceed as per law.
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abhimanyu (Querist) 02 December 2020
Thanks respected experts.

abhimanyu (Querist) 02 December 2020
Respected Gabriel JI, THE POOR PERSON HAS BEEN ADVISED BY LOCAL ADVOCATES THAT HE WILL NOT BE PROVIDED COPY OF THE REPORT OF THE POLICE ON THE BASIS OF WHICH RESPECTED EXECUTIVE MAGISTRATE HAS ISSUED NOTICE UNDER SECTION 111.

THEREFORE, IT IS NOT KNOWN HOW THAT POOR PERSON SHALL SHOW CAUSE AND DEFEND HIMSELF.. LOCAL ADVOCATES SAY THAT THAT THIS A CRIMINAL CASE AND UNDER THE CRIMINAL LAW HE HAS NO RIGHT TO ASK FOR A COPY OF THE INVESTIGATION REPORT

IS IT THE LEGAL POSITION THAT IN CRIMINAL CASES, THE VICTIM CANNOT DEMAND AND IF HE DEMANDS HE IS NOT PROVIDED COPY OF THE REPORT UNDER WHICH HE HAS BEEN ISSUED NOTICE UNDER SECTION 111

Dr J C Vashista (Expert) 03 December 2020
It's wrong advise / misconception if local lawyers say so.
Accused is entitled for copy of Kalandra filed by police for filing his/ her reply.

Guest (Expert) 03 December 2020
Well Said by Advocate Dr.J.C.Vashista.

Guest (Expert) 03 December 2020
On June 29th 2020 the Delhi High Court had directed that the Accused must receive the Reports of Investigation for Transparency in Criminal Justice System.. The Orders pronounced by the Division Bench of Honorable Chief Justice N.Patel and Justice Prateek Jain.

abhimanyu (Querist) 04 December 2020
Respected Vashista Ji and Raj Kumar Ji, local advocate maintains that Kalandra copy cannot be requested before appearance.. We are in doldrums as to how without knowing details of allegations against us, how we can show cause and defend ourselves.. We are in great trouble.

Rajendra K Goyal (Expert) 04 December 2020
If Bail Bonds have been asked, need to be submitted.

Your lawyer can ask copies from the case file as per procedure.

P. Venu (Expert) 04 December 2020
Let your friend get competent professional assistance. Your confused approach is causing more harm than good.

abhimanyu (Querist) 05 December 2020
VENU JI, WHY ARE YOU MAKING NEGATIVE COMMENTS WHEN YOU CANNOT OR DO NOT WANT TO REPLY TO A GENUINE QUERY? WHAT DO YOU MEAN BY "YOUR CONFUSING APPROACH IS CAUSING MORE HARM THAN GOOD"? EARLIER WHY DID YOU COMMENT "YOU HAVE MORE KNOWLEDGE THAN LAW"

RESPECTED EXPERTS, THE QUERY IS THAT THE VICTIM, WHO IS FINANCIALLY WEAK, WANTS TO HAVE A COPY OF KALANDRA IN ORDER TO SHOW CAUSE AND DEFEND HIMSELF WITH RESPECT TO NOTICE RECEIVED BY HIM UNDER SECTION 111 OF CrPC WHEREIN IT IS MENTIONED THAT THERE IS ADEQUATE BASE FOR PROCEEDING AGAINST THE VICTIM UNDER SECTIONS 107/116 CrPC. NOW WHAT IS THAT ADEQUATE BASE CAN BE KNOWN BY THE VICTIM FROM KALNDRA ONLY WHICH WILL ENABLE HIM TO SHOW CAUSE AS TO WHY he should not be ordered to execute a bond, with two sureties of Rs. 35000/- each for keeping the peace for 6 months.

LOCAL ADVOCATES MAINTAIN THAT KALANDRA COPY CANNOT BE DEMANDED BY THE VICTIM AND EXECUTIVE MAFISTRATE IS NOT OBLIGED TO PROVIDE HIM THE SAME. WITHOUT KNOWING THE EXACT CHARGES, HOW VICTIM SHALL SHOW CAUSE AND DEFEND HIMSELD ON THE GIVEN DATE?

IS IT THAT VICTIM UNDER CRIMINAL LAW CANNOT DEMAND COPY OF KALANDRA?

T. Kalaiselvan, Advocate (Expert) 09 June 2021
For getting the kalandra copy the accused has to appear before the magistrate of the trial court on the date of hearing, wherein he will supplied with a free copy of the charge sheet.
In any case he can defend his interests only after participating in the proceedings and not before that.
Hence it is better that the accused may first appear before the magistrate ion the date of hearing, get the copies and then file a discharge petition or a quash petition before high court as per the circumstances to defend his interests.