Dear experts,
My question to experts is that can the police add someone as an accused in the chargesheet even if his name does not feature in the FIR ?
Thanks for your time.
Pushkar (Mr) 13 October 2013
Dear experts,
My question to experts is that can the police add someone as an accused in the chargesheet even if his name does not feature in the FIR ?
Thanks for your time.
T. Kalaiselvan, Advocate (Advocate) 13 October 2013
The police in order to add someone as accused in the charge sheet has to make sure that there is a complaint on his name or the investigation reveals that so and so is also involved in the crime.
Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 13 October 2013
yes the police have power to add the name if they found in the investigation any material regarding that person.
Laxmi Kant Joshi (Advocate ) 13 October 2013
Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 13 October 2013
FIR is the first information report it is the basic report that is registered once the complaint is received. Chargesheet is filed after FIR and after police investigation. This is post investigation findings along with the witness statements and affidavits. The chargesheet names the persons against which the charge is submitted this may include additional persons that were charged in FIR or there may be some less. The case starts after chargesheet filing as the court issues summons to appear to accused after chargesheet is filed
Ad Amjad Ali (Advocate ) 15 October 2013
I agree with all experts, police has power to add names in case if they find evidence against them in investigation.
Manoj Kumar Jain (abc) 15 October 2013
police have supreme power. he can add or remove name(s). he can file charge sheet or final report.Fuel the money and drive police at your own road.
Pushkar (Mr) 15 October 2013
Dear experts,
In my case the specific complaint against me was found to be baseless by the police earlier. After that an application by the complainant under 156 (3) was dismissed and a revision in sessions court was also dismissed.
The complainant then filed another police complaint regarding the same and requested to merge the investigation of my case with another FIR which was registered for another property and another party. I have provided all the necessary documents to the IO. But can the police challan me if my specific case has already been dismissed by the court and even the police earlier. Please advise.