Respected Sirs,
I am filing an application with Judicial Magistrate court as there is no material evidence / documentary evidence against me.It is found that no proper investigation was done in the case and real culprits are left out by the police and charge sheet has been filed without any base.My wriiten statement of 42 pages submitted to the police immediately after police complaint in 2008 is misplaced or destroyed by the police and one page statement was obtained from me somewhere in 2010 in which it is stated that I am innocent in this case Chargesheet has been filed in July 2011.
I am contemplating to file discharge application under section 227 and 239.I have solid documentary evidences showing involvement of others in this case.I want to request the court to direct CBI or some other investigating agency to investigate this case .But I am not aware of any provision in the CRPC which can be referred by me to enable the court to do so
It is observed in the chargesheet that there is no mention of my written statement given in 2008 in which I had given details of corruptive practices of complainant bank
Kindly inform me whether the written statement of accused is compulsory in a criminal case
CRPC section by which JMFC Court can direct the CBI or other investigating Agency to investigate this case
Regards