Police has not taken written statement of victim
pssthya
(Querist) 18 June 2014
This query is : Resolved
sir,
my friend is victim in assault case.
POLICE has taken FIR which just mentions where, when and who committed the assault.
but yet not taken written statement of the victim.
1.CAN police be requested to take written statement of the victim.
2.CAN police file chargesheet without taking written statement of the victim.
3.IS there any remedial legal procedure that can be taken so as to make police take the written statement of the victim.
please suggest what legal procedure/s are
there to follow in such case.
thank in advance.
Laxmi Kant Joshi
(Expert) 18 June 2014
Police had written the fir against the accused and issued one copy to you , now police will arrest the accused and after completing the formalities of the arrest within 24 hours police will produce the accused before the magistrate from there he will get bail or the magistrate send the accused in the judicial custody /police remand , after this police will start investigation and use 160 crpc to call /summons to the witness and record their statements u/s 161 crpc when The proceeding will reach at this point only then The statement of your friend will be recorded o.k. after completion of 161 , police collect all statements and proofs against the accused and on after checking by the pp if he said alright then police file the charge sheet u/s 173 crpc in the court .
Sankaranarayanan
(Expert) 18 June 2014
well explanation given by the expert Sri Laxmikant joshi i do endorse his explanation
