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Sandeep (firm)     19 March 2014

Suo-moto statement of accused not considered

In a corruption related case, an accused was not given opportunity to explain his stand and without questioning him he was sent to judicial custody. Within 15 days of sending him to judicial custody, chargesheet was filed. The process is against natural justice.

Further, information gathered by IO fell into two categories one supporting while other were contradictory. He wanted to save some real culprits but at the same time wanted to rope in innocents to show progress in investigation. So he intentionally he preferred only those documents which were favourable to him and remained silent on other documents. How IO has erred by being biased by ignoring some documents and hiding facts ?

I came to know that there is a Supreme Court judgement, wherein SC had quashed  Chargesheet on the  fact that IO  had not taken into account  Suo-Moto statement made by Accused.

Pls. help me in finding the supreme court judgement.

Sandeep



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