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ashok kumar (Social Worker)     29 September 2015

Criminal investigations : preparation of notes by io

Criminal Investigations : Preparation of Notes by Investigating Officer

It is often said that while an IO is investigating a crime, he prepares short notes

Query 1: Is there any legal mandate for preparing such notes? Pl guide with the reference or law for any such mandate

Query 2: Do these notes form part of any record?



Learning

 16 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     30 September 2015

Though an academic query the notes form part of the record.

ashok kumar (Social Worker)     30 September 2015

Can any learned memeber throw light i on my First query reproduced below

Query 1: Is there any legal mandate for preparing such notes? Pl guide with the reference or law for any such mandate

SAINATH DEVALLA (LEGAL CONSULTANT)     30 September 2015

Come out with the case history gentleman

ashok kumar (Social Worker)     30 September 2015

Sainathji

Come out of thsi stereotyped attitude

There is no case history here

It is just an academic query which doesnt require any case or case history to be answered!

it just requires a knowledge of teh Criminal Legal Procedure

The query is simple "Is there any legal mandate for preparing such short notes? Pl guide with the reference or law for any such mandate

Any member of fraternty who knows teh law on this will answer it wiothout creating the al need of a hypothetical case history

SAINATH DEVALLA (LEGAL CONSULTANT)     30 September 2015

Dear Shriman Social Worker Ashok Kumarji, U have agreed its an acadamic query,this is not a coaching centre nor a nursery school to teach academics.Hope U R satisfied.

ashok kumar (Social Worker)     30 September 2015

Dear Shriman Legal ConsultantJi, IfU dont know teh answer to something leave it to more intelligent people and u attempt something of ur CALIBRE .Hope U R satisfied.

 

SAINATH DEVALLA (LEGAL CONSULTANT)     30 September 2015

Gentleman, we are not paid servants here.For academic answers there are many web sites and institutions,U cannot demand a reply,it is left for the legal experts to answer only if the query is genuine in nature and not academic and vague.Hence be choosy while using the alphabets in the keyboard.

ashok kumar (Social Worker)     30 September 2015

Mr Sainath U dont try to be a contractor for all members here!  No one is dragging you to answer something by pulling your hair! If U dont want to interact to a thread on a Public Forum Stay away from the thread! MNo One is forcing you to be a paid or unapid servant! Let others who want to interact do that. Where did u get this knowledge that acandemic queries are not answered on Forums??

SAIKRISHNAVOBILISETTI (ADVOCATE)     02 October 2015

I'am trying my best to give this reply. 

As per my opinion, there must be a provision in the statute, facilitating the I.O to prepare a notes during the course of investigation. And at the same time, he is supposed to recoed the statements of the witnesses at the scene of offence and prepare a rough sketch of the offence as well.

But now a days this procedure is not followed by any of the I.O's throughout the country. Why is it So?

Moreover, the entire paper work related to the offence is prepared in the Station house itself. It is only because the police are'nt able to reach the scene of offence in time.

The notes of the I.O may not form the part of the record, but the contents of the notes will be depicted in the record to make believe the Court as recorded at the scene of offence.

Thank you for your patience..

ashok kumar (Social Worker)     02 October 2015

Thanks U Saikrishna for understanding the issue

Y I raised this query here is that as a Social Worker I have come across many cases in which (as usual) the Police have framed innocent guys without even visitying teh crome scene (as rightly pointed out by you). The Police makes totally concocted stories and have readymade panel of witnesses against such hapless victims who even if acquitted in the end (sometimes they are convicted) lose much of their esteem and faith in teh system. 

Many experienced lawyers say that the IO is supposed to prepare notes but none ( I REPEAT NONE) has been able to establish that  by means of reference to that part of tehstatute. Worse still, soem of the elite category of lawyers liek my friend SAINATH (See his replies above) even fume at the idea of probing this kind of a non sense in Criminal Trials and totally oblivious to social concerns believe that if some oen raises a query he should have a case history (As if teh large number of cases around are not enough!!)

SAIKRISHNAVOBILISETTI (ADVOCATE)     02 October 2015

I agree with you Sir.

SAINATH DEVALLA (LEGAL CONSULTANT)     02 October 2015

Thank U very much Mr.Ashok Kumar,Social Worker, for responding to an academic query.

v.b.b.sastry (Sr.A.P.P)     03 October 2015

Those remarks can be used to refresh  io'memeory because he cannot see case diary.

ashok kumar (Social Worker)     03 October 2015

Sastryji

With whom does teh case diary remain once a chargesheet is filed?

Does it remain in the custody of the Trial  Judge?


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