Police distroyed criminal case papers to protect accused

[Dr. Ashok Dhamija]

Offence under Section 9 of the Maharashtra Public Records Act, 2005, appears to be a cognizable offence, since the maximum punishment can be up to 5 years’ imprisonment. Further, no restriction with regard to taking of cognizance has been laid down.

If you believe that an offence under the above legal provision is made out in the facts of your case, and if the police refuses to register an offence, you’ll have to file a complaint in the court of the Magistrate under Section 156(3) of the Criminal Procedure Code for directing the police to investigate the case. Else, you can file a private complaint case under Section 190 of the Cr.P.C.

     

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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. List of his YouTube Videos.

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