Police submitting new docs during trail of 498a

Yes ,you should object, and your are bound to do so, when the prosecution had failed to provide you  the documents of  the witness obtained during the course of investigation. under section 242 crpc

Dear Adv Raghavan Sir,

Do you agree that the police shall investigate the material submitted before the police in support/oppose of the case and the police shall forward such material along with Further Investigation Report to the court U/s 173(8) of CrPC. 

Is there any other provision in CrPC to submit the documents/materials before court  by the police/prosecution ?

1. You must file objections.

2. You would be given the opportunity to cross-examine.

Regards,

Shonee Kapoor

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Shonee Kappor Sir,

Unless otherwise further investigation is done by the police they can not submit the documents/materials in court .... only Section 173(8) of CrPC is supporting submitting documents along with report of investigation. Please correct me if I am wrong.

If any document is submited without investigation then the accused would not come to know for which alleged allegations the material/document is submitted by the police/defacto complainant .... the report shall explain how that document supports prosecution case else not possible to cross-examine the PWs... am I right?

Here is some relevant information:

    Decision/judgment of Supreme Court of India in case of in Ram Lal Narang Vs.  State,  Delhi  Administration  (AIR  1979  SC  1791),  in that Hon’ble Court observed, at Para No: 21, as follows:

“21. Anyone acquainted with the day-to-day working of the criminal courts will be alive to the practical necessity of the police possessing the power to make ‘further investigation’ and submit a supplemental report. It is in the interests of both the prosecution and the defence that the police should have such power.  It is easy to visualise a case where fresh material may come to  light  which  would implicate persons not previously accused or absolve persons already   accused. When   it comes to   the   notice   of   the investigating agency that a person already accused of an offence has a good alibi, is it not the duty of that agency to investigate the genuineness of the plea of alibi and submit a report to the Magistrate?  After all the investigating agency has greater resources   at   its   command   than   a private individual. Similarly,  where  the  involvement  of persons who  are not already  accused  comes  to  the notice  of the investigating agency,  the  investigating agency cannot keep quiet  and refuse to investigate the fresh information. It is their duty to investigate and submit a report to the Magistrate upon the involvement of the other persons.  In  either  case,  it is  for  the Magistrate  to decide  upon  his  future course  of action depending  upon the stage at which the case is before him. If he has already taken cognizance of the offence, but has not proceeded with the enquiry  or  trial,  he  may  direct  the issue  of process  to persons  freshly  discovered  to  be  involved and  deal with all the accused in a single enquiry or trial. If the case of which he has previously taken cognizance has already proceeded to some extent, he may take fresh cognizance of the offence disclosed against the newly involved accused and proceed with the case as a separate case. What action a Magistrate is to take in accordance with the provisions of the CrPC in such situations is a matter best left to the discretion of the Magistrate.” [Emphasis is added]

and also the Hon’ble Court held in the judgment that:

A ‘further investigation’ is not necessarily aimed at finding out materials against the accused. A ‘further Investigation’ may subserve the interest of the prosecution and, at times, even of the defence.  There may be fresh materials, which may, on coming to light, necessitate ‘further investigation’ either for strengthening the case against the accused or for exonerating him.

     In view of the sections under Chapter XXXVI of CrPC, including Section 468 & 469 of CrPC, the prosecution is not entitled to submit further materials at DELAY more than 03 years.... considering that veracity of new material is difficult to verify by the accused ....  

@Shravan, what is the present status of CrlMP filed under sec 242 Crpc in your case.

I am going through similar situation, where CRLMP u/s 242 crpc filed by complainant was dismissed and the prosecution gone for revision in sessions court.

I would like to know when an allegation is not mentioned in FIR, 161 Crpc statement and chargesheet even during PW1 deposition as well and bringing  additional  material for an allegation which is not mentioned in the main case by  Pw2 during his/her deposition is  maintainable?

Any citations to support my contentions.