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Can a statement be written in case diary by IO without my permission?
28-Aug-2023 (In Criminal Law)
In a case, without my information, permission or consent my Statement as a witness was pre written in the case diary in support of the F. I. R of a false case. The complainant had paid some money to the Investigating Officer to do so, my false statement was written by the I. O without having met me. The accused opposite party now wants to press charges against me for conspiracy. Please suggest legal remedy and ways for me to press charges against the complainant who has conspired with I. O. of the case to write my Statement as a witness.
I.O of any case has no legal power to named any person as a witness in any case in case diary, but it is well known that police prepare diary at home, and due to illegal gratification add the name of the oersons who have no concern with the case. You should deny it that the same statement is not given by you but the illegal act of the I.O.
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Adv. Santosh Kumar Soni
Ranchi | 25+ Answers
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Technically speaking, IO is duty bound to record only the statement made before him. If you feel that the statement mentioned is not your statement or there is connivance, immediately write written letter to the SP with copy to IO, IG and the court concerned. The accused cannot suo motto press charges, you have also an option to file protest petition.
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Adv. Ashutosh Anand
Ranchi | 200+ Answers
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here in present situation I.O can not take your statement without your consent and if he has written statement of your's then he has committed serious offence. He has no authority at all to do so, you should file criminal case against him.
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Adv. Sabyasanchi
Ranchi | 25+ Answers
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do not worry for that, just convey this fact by way of representation/latter before SP/SSP of the said area by a registered post or if possible, physically obtain receiving copy from their office for future reference.
if you are being apprehensive of false implication in the said case and your name has came in the case diary as an accused/co-accused,in that scenario you may file an anticipatory bail before court of sessions.
if you are being apprehensive of false implication in the said case and your name has came in the case diary as an accused/co-accused,in that scenario you may file an anticipatory bail before court of sessions.
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Statement recorded by the I.O. in course of investigation is not required to be signed by the person in whose name statement has been attributed.
Those statements are required be supported by the person in whose name it has been attributed, in trial Court as a prosecution witness. If the witness denies making such statement before the I.O., the statement written in Case Diary becomes useless.
Those statements are required be supported by the person in whose name it has been attributed, in trial Court as a prosecution witness. If the witness denies making such statement before the I.O., the statement written in Case Diary becomes useless.
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Adv. Amar Bakshi
Chaibasa | 25+ Answers
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