Issues that can be raised before cognizance of the case in PC Act

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This topic contains 1 reply, has 2 voices, and was last updated by Dr. Ashok Dhamija Dr. Ashok Dhamija 1 month, 1 week ago.

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  • #4732

    Respected Sir,

    The accused has been implicated in the alleged offence under under section 7 and 13(1) (d) of the PC Act.
    If there are a lot manipulations in the Final Investigation report in carrying out the investigation and collecting the evidences which has caused prejudice to the accused.
    The cognizance has not been taken by the court .What are the type of issues that can be raised legally by the accused in front of the Judge to highlight the malpractices done by the Investigating agency in connivance with the complainant.can any documents like RTI reply submitted by the accused to prove his innocence at this stage.
    The Local Legal fraternity advices to jump into the vicious trap of the trial .Kindly help.

    A different Question
    Is it mandatory for the Investigating Officer of Lokayukta to give a chance to the accused to give his explanation under law of natural justice before filing of chargesheet by the Investigating agency under crpc 173.
    If the chance for explanation was not given then what is the remedy available with the accused.

    Hoping for kind cooperation

    withregards

  • #4737

    If the cognizance is yet to be taken by the court, then in all probability, you might not have been summoned by the court so far. You can wait for the summoning order and if cognizance is taken, you can apply for discharge if you feel that there is no prima facie case.

    Usually, statement of accused person is recorded by the police during investigation, wherein he can explain the circumstances, including his innocence. However, this statement of the accused is not produced before the court. There is no other requirement of calling for any specific explanation from the accused by the investigating officer. You will get plenty of opportunity of explaining the case before the court after it takes cognizance.

         


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers.

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