Statements by police

The entire statement's relevant case can be secured by filing RTI Application from the State Public Information Officer of PS or from the court if the closure report is filed with the court as per court procedure.

One can file a petition before the Magistrate if a complaint has been closed as false.

If the court prefers to close the case, a private complaint with all those statements enclosed to closure petitions filed by the authority.

It is always proper to entrust the case with an expert advocate if the complainant is serious in proceeding with the case.

You have not posted the material facts? What is the context in filing protest petition?

Venu Sir,

Material Fact: 

(1) On a written complaint a F.I.R. u/s U/S 120B/427/379/511 of IPC was registered against accused,

(2) After 19 months a "Civil in Nature" Closure Report was forwarded to ACMM,

(3)  Complainant filed "Protest Petition" with a prayer "Issue Process" or Order for Court Monitored further investigation u/s 153(3) CrPC.

At the time of hearing, APP justified "Closure Report" citing 161 CrPC statements.

Note:

A RTI Application was filed to seek information and photocopy of documents pertaining to police investigation upon closure of investigation of complaint, by declaring “Civil in Nature”:

0. Photocopy of General Diaries including (G.D.) No. xxxx (mentioned in FIR) 
1. Name & Rank of the Investigating Officers involved and their tenure in this case.
2. Reports prepared / submitted by IO and directions / file noting / Orders issued by Superior Officer(s) along with photocopies thereof.
3. List of persons (Name & address) called upon by the Investigating Officer(s) (IO) for investigation in the matter along with photocopy of statement recorded.
4. Photocopy of Notice(s) issued including u/s 91 CrPC to complainant and replies received thereof.
5. Photocopy of Notice(s) issued including u/s 41A CrPC to Accused & Others and replies received thereof.
6. List of information collected and / or received by the IO including CCTV footage, Emails / Statements / Letters / Documents etc., along with photocopies thereof.
7. Photocopy of Document(s) by the name of Standard Operating Procedure (SOP) / Police Manual OR by any other name, detailing the procedure prescribed for police personnel and followed by IO for collection of information / evidence including electronic records / CDR at the time of inquiry / investigation in cases falling u/s 120B/427/379/511 of IPC.

SPIO denied documents by invoking Section 8(1)(h) of RTI Act 2005 by declaring “since the case is still in progress” when the case is already forwarded to ACMM by a closure report (FRT) declaring case is “Civil in Nature”.

Upon 1st appeal, FAA without issuing any written order upheld SPIO's previous order.

****

Looking forward for your suggestions,

Thanks

Originally posted by : sunil
	Respected Panelist, (1) At the time of arguments against a Protest Petition filed by the complainant, Can Public Prosecutor use 161 CrPC statements to justify closure report forwarded by the IO? (2) How complainant can get the copy of all the statements recorded u/s 161 CrPC, 164 CrPC and replies to notices issued u/s 41 CrPC and u/s 91 CrPC? (3) Can complainant use the documents by police (u/s 161 CrPC, 164CrPC, 41 CrPC and 91 CrPC) to pursue his complaint as a Private Complaint? Any case law for citation? Thanks.

Q 1. Definitely the PP shall use all available evidences (including statement u/s 161 CrPC) to justify closure report submitted by IO.

Q 2  Apply for certified copy of complete case file, which you are entitled.

Q 3 Private complaint is admitted u/s 200 CrPC where statements are recorded by the Magistrate .. However, if it is a FIR case complainant has a right to use all documents (including statements u/s 161 / 164 CrPC; notices and their reply u/s 41 / 91 CrPC)  favouring his / her case. 

Citations shall have to be searched by you / your counsel as required / applicable on the facts / evidences required to be proved, which is not a straight jacket formula.

Yes, instead of RTI, you should have applied for certified copies from the Court. The complainant cannot be denied copies.

Venu Sir,

One Correction - Read 156(3) CrPC 

(1) Only FIR and Closure Report was in the Court Records, as such NO certified copy supplied of other documents.

(2) CD was called by the Ld. ACMM and returned upon final Order passed.

Looking for your guidance.

Thanks

The matter is not clear.  Without hearing the version of the complainant and arguments, final orders can not be passed.

Coming to RTI Act, the reasons stated are illegal, and the denial is deliberately malafide, on two points. 1.Once the investigation is completed, there is no question of stating "since the case is in progress" as case records are different from the investigation. 2.There is no such 8 (1) (h) clause that states about the "case". The 8 (1) 9H) states "Information which would impede the process of investigation or apprehension or protection of offenders"

There were umpteen decisions by CIC/HC that merely stating the 8 (1) (h) is not proper without justifying as to how "providing information impedes the progress of the investigation.  

I am surprised as to how the court can close a case registered with just FIR copy and closure report when the process is that should be served to complain and the complainant has to be given the opportunity of hearing and a case must be closed only after hearing complainant.

The CD has to be prepared on some physical records and a CD alone can not become a valid piece of evidence.  Has the court denied providing such certified copies stating that CD was returned and as there is no document available.  I am afraid that there is confusion in this fact.

Hope that experts will submit correct legal stand as to whether the facts are really true and possible.

Dr J C Vashista Sir,

(1) Isn’t  162 CrPC applicable when APP is referring to statements u/s 161CrPC ?

(2) Isn’t the whole hearing process gets vitiated when the complainant was denied to see the said statements relied upon by the APP?

(3) Police version is that they have recorded statements us/ 161 CrPC of the accused and no material is found to demand process against accused – Isn’t this mean that the accused are supposed to give incriminating statements against self so that police can take action against them?

(4) Isn’t this travesty of justice?

J L N Prasad Sir,

Clarification:

(1) Defacto Complainant applied for court records and supplied with certified copy of FIR and Final Report only. No other documents were in the record.

(2) After the hearing of Protest Petition, Ld. ACMM by its order accepted the final report forwarded by the I/O and closed the case.

Case was in Bankshall Court, Calcutta –  can share specific detail also. by email/whatsapp.

Looking forward to someone / some reference who can take up the case further for its logical conclusion.

Thanks