The Hindu : Probe officer misled court, says Prakash

Online edition of India's National Newspaper
Friday, Mar 26, 2004

Tamil Nadu

Tamil Nadu

Probe officer misled court, says Prakash

By Our Special Correspondent

CHENNAI, MARCH 25. Even as the stage is set for trial in the ``cyberporn case,'' the accused, a city orthopaedic surgeon, has moved court seeking action against the police investigating officer (IO) for ``tendering false evidence.''

G.K. Bharathi, judge of the Fast Track Court (FTC)-IV, has ordered notice to the prosecution for filing a counter by April 7.

In his petition, L. Prakash, submitted that a certified copy of the final report (filed by the IO in February 2003) he received in April after applying for it and a free copy furnished in July were not the same. Material corrections and additions were made.

Dr. Prakash submitted that he brought the matter to the notice of XVII Metropolitan Magistrate, Saidapet, for action against the IO. In his counter, the IO submitted that he took back the final report the same day it was filed as the approvers proceedings were omitted. But before he could take back the report, the office could have taken copies and given them to the petitioner, the IO said.

The doctor submitted that he applied for the certified copy of the final report nearly three weeks after it had been filed by the IO. That being the case, it was imaginary to say that the copy section would have copied the final report the same day it was filed and given a copy to him. The report was returned to the IO the same day.

The IO filed the counter with false averments before the magistrate court, which acted on it. Hence the police officer committed an offence under Section 193 IPC (false evidence).

As a police officer who investigated the case, the IO was duty-bound to disclose the entire facts honestly. But, he filed a false counter and misled the court.

The petitioner said that after the case was committed to the FTC, the entire case records were available with the court and hence it had the jurisdiction to consider the petition.

Dr. Prakash prayed to the court that a complaint be lodged against the IO.

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