Action against the IO for adding my false statements in chargesheet

659 votes

You can file protest petition when you are dissatisfied with a police report or chargesheet by providing what are the deficiencies in the report , challenging the police's findings of insufficient evidence or bias in their investigation. By way of protest petition you can ask a magistrate to take cognizance of the offense, order further investigation, or treat the petition as a complaint  . Also we can discuss us in detail best legal remedy forward

Advocate Rohit Lakra LawRato

623 votes

You have to come with your complaint which was given by you to DCP and Vigilance. I want to know about the facts, date and some other things from your complaint. Information is given by you in query is incomplete. it is pertinent to tell you that you have some good remidies to initiate a inquiry or legal action against the IO. you can meet me at my office in Saket Court or call me on my number.

Advocate Mohini LawRato

531 votes

Even if the Investigating Officer (IO) has retired, action can still be taken. Retirement does not protect him from accountability in law. Since you allege false statements were attributed to you in the chargesheet, you can challenge the chargesheet before the trial court itself by filing an application under Section 173(8) CrPC or during arguments on charge, pointing out that the so-called statement attributed to you is fabricated and not given by you. The court can then call for clarification and even direct further investigation.

LawRato LawRato

861 votes

If the Investigating Officer (IO) added false statements in the chargesheet without your knowledge or consent, and internal complaints to the DCP and Vigilance have not resulted in action due to the IO’s retirement, you still have certain remedies. Retirement does not absolve a public servant of liability for acts done in official capacity, especially if those acts amount to misuse of power or forging evidence. You can bring the issue to the attention of the court where the case is pending by filing a detailed application or affidavit stating that your statements in the chargesheet are false and were recorded without your knowledge or consent. The court has power under Section 340 CrPC to order an inquiry and direct prosecution if an offence is made out regarding fabrication of evidence or giving false statements. Additionally, if the false statements have prejudiced your rights or have been used to initiate proceedings against you or someone else, you may file a complaint under relevant provisions of IPC (such as Sections 193/199/200 for false evidence), irrespective of the retirement of the IO. You are advised to seek legal assistance for drafting an appropriate petition or application before the trial court and, if necessary, to escalate the matter to the High Court for seeking departmental action or criminal prosecution. For comprehensive support in this legal recourse, you may contact us for professional representation.

Advocate Yuganshu Sharma LawRato

929 votes

Hi there, the solution you have is to argue in court (if the chargesheet is filed) along with an application for discharge. If the chargesheet hasn't been filed in court yet then you can approach the current IO along with copy of complaint to DCP and have your issue addressed. However, it's advisable to contact me and provide more details to assist you better.

Advocate Ishan Parashar LawRato