Legal Question in Criminal Law in India

investgation

a alleged forged draft was misused by some parties. there are two versions regarding how it reached the hands of the parties(1)clerk says it is not possible without the help of manager even though the drft book was under his custody at that time thisversion is accepted by police and manager was made an accused (2)regional manager of the bank who conducted the investigation found that the draft was stolen by the peon .this was based on the confession letter submitted by the peon and his personal confession before him. peon told him he prepared the confessio cum resignation letter as per advice of his lawyer. R.m said version of clerk is ageneralised one this version is not accepted by police. both are witnssesl documents given by police along with chargesheet does not find why theyrejected version ofR.m accuseds defence is based on this version 2006(4)crl court cases 282 s.c says investigation not made from the point ofview of defence not fair. is this applicable in this case? police has not produced the confesssional letter also though bank has given it . both 161 statements give opposite views. charges not framed.can accused bring this point at framing of charges?at trial?


Asked on 11/30/08, 1:07 am

6 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: investgation

You may be entitled to bring all the points you may wish at the time of framing of charges by the trial court.

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Answered on 11/30/08, 6:45 am
Nasir Butt Nasir Law Associates

Re: investgation

All the controversial point may be raised either at the time of framing of charge or trial.

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Answered on 11/30/08, 7:35 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: investgation

Yes at the time of framing charge or during the trial.

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Answered on 12/19/08, 4:18 am
Yanala LaknaReddy Law towers

Re: investgation

You can advance your arguments while framing the charges in court for discharge of case.

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Answered on 11/30/08, 7:14 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: investgation

Yes he can during framing charge or during trial

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Answered on 12/04/08, 7:34 am
Shrichand Nahar S.V.Nahar, Advocate

Re: investgation

Arguments of both parties are heard before framing of charge and anything relevant can be argued and pointed out the court.

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Answered on 12/02/08, 1:04 am


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