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Vikas Dharmendra (Consultant)     12 September 2011

Prosecution against io in case of irregularities

How a public servent ( Investigation Officer) can be prosecuted under ,IPC 217 and 218 and CC Rules 1958 in case of irregularitues in investigation and preparing false chargesheet?

Please Explain , If some one has done/experienced  this already.



Learning

 6 Replies

Saurabh..V (Law Consultant)     12 September 2011

I would also be interested to know more about this procedure.......... This is truth in today's world that I/O do only what is profitable business might that result into defeat of justice and deprivation of rights of the citizens...

 

//peace

/Saurabh..V

Vikas Dharmendra (Consultant)     12 September 2011

I am seeking openion from experienced lawyers. Please elaborate
 

Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always)     23 September 2011

IPC 219 should be included in this list. How to prosecute under these rules?

Vikas Dharmendra (Consultant)     26 September 2011

(1) The court issuing a proclamation under section 82 may, for reasons to be recorded in writing, at any time after the issue of the proclamation, order the attachment of any property, movable or immovable, or both, belonging to the proclaimed person

 

 

Expert please tell,, what is the meaning of  movable property,,,,, how the movable property can be attahced

Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always)     26 September 2011

As far as I know, land, buildings, estates, farm houses, industries etc that are owned by individuals/groups are immovable properties.

 

Money in the form of FDs, Shares, Bank accounts etc etc are the other type of property, which I think is termed movable. These are so called because FD can become a KVP, KVP can become an IPO etc etc. These are frozen in case the individual is prosecuted.

 

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Still I am not clear how to invoke IPC 219.

Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always)     27 September 2011

Gold, vehicles, gadgets (watches, mobiles etc) are also "Movables" as far as investments is concerned. Money, clean or deceiptive gets invested in these forms.

 

In the specific case of irregularity and IO is concerned, s/he in question can invest the corrupt money on any of the above and keep changing. They are simply seized and kept in safe custody until court orders on what to do with the seized belongings.

 

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But, still, what is the procedure to file a complainant/case? Where should it be filed?  What happens after that?

 

 


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