LawRato

How and under what sections can a IO recover original documents


14-May-2023 (In Criminal Law)
The Magistrate Court has order the IO to re-investigate the case under Section 173(8) in order to confiscate original sales/purchase deeds signed by the accused and 22 witnesses who have bought shops illegally from the accused persons. Chargesheet has been filed Us 402, 420, 504, 506 . Statement from 22 witnesses has been filed in the charge-sheet stating that the witnesses have bought shops from the accused persons by way of sale/purchase agreements and are also fully aware that the municipal taxes are in the name of the father of the accused persons and would also produce the said documents as and when required. The agreements are unregistered on Rs. 10/= stamp paper and cannot be obtained from any Govt agencies under RTI. The IO states that he can search the accused and witnesses but cant arrest them. They are all aware of the move and have removed all the documents from their premises. How should the IO recover these documents and under what sections of the CRPC and IPC
Answers (2)

Answer #1
613 votes
Now that a court order has been obtained to reinvestigate the matter, the police can send summons to the accused and witnesses to remain present in the police station to get the documents under Section 91 crpc. The accused may have already been arrested so they cannot be arrested again for the same offence. At the most they can tell the witnesses to cooperate else they can add them also as an accused as a co-conspirator as they are hiding the documents thereby aiding and abetting the accused.
Answer #2
988 votes
Read Section 92,92,93,174 of Crpc. and Article 20,21. of India Constitution. The IO cannot arrest the person just to recovery doc. and no one can compel to give any doc. which will incriminate himself.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."