tag:blogger.com,1999:blog-2386969783233016491.post8177058791200367586..comments2023-03-21T18:29:15.822-07:00Comments on Vinayak: Merely recording statement of witnesses is NOT investigation ! False 498a agnst husband &mother quashed !! AP High court GEM ! Quoting the honourable HC "......... Merely recording the statement as stated by the witnesses cannot be called as investigation. Investigation includes examination of the witnesses, confronting the witnesses on the basis of materials collected by the Investigating Officer and also the version of the person who is aggrieved because of the said complaint. Mere reproduction of the complaint without proper examination cannot be called as statement recorded during investigation..... " allegations supposed to have happened in USA ...still NO permission taken from central governmentAnonymoushttp://www.blogger.com/profile/05362187226349789698noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-2386969783233016491.post-57497505063892389142013-07-15T11:37:23.191-07:002013-07-15T11:37:23.191-07:00////This Court is of the view that the Investigati...////This Court is of the view that the Investigating Officer has to confirm the allegations mentioned in the complaint with the aggrieved person. This Court is of the view that the Officer, who is investigating the case, should record the statement as per the above said provisions. The first duty of the Investigating Officer is to find out the probability and truthfulness of her complaint unless otherwise the complainant’s version appraised by the Investigating Officer with the facts and circumstances of the case. Merely recording the statement as stated by the witnesses cannot be called as investigation. Investigation includes examination of the witnesses, confronting the witnesses on the basis of materials collected by the Investigating Officer and also the version of the person who is aggrieved because of the said complaint. Mere reproduction of the complaint without proper examination cannot be called as statement recorded during investigation. The entire reading of the complaint and charge sheet, it is evident that the entire occurrence took place in the United States of America. The allegations contained in the complaint also regarding the occurrences in the United States of America. Of course, the offence committed by a person, which is punishable under the law in India, he can be prosecuted for the offence committed abroad. But, at the same time Section 188 of Cr.P.C. mandates that no court shall take cognizance except the previous sanction by the Central Government when an offence is committed outside the jurisdiction of India./////Anonymoushttps://www.blogger.com/profile/05362187226349789698noreply@blogger.com