CA VIKAS 11 April 2017

How to add accused name in fir

I had filed a FIR, where police has only name one person as accused , but even on my many request, police have not added the other person name as accused, now they have filed chargesheet and trial is not started, please help me what remedy do i have, some one told me that i should file application u/s 319 of CRPC, Learned members please help

Thank you

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2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 11 April 2017

Can file under section 319 Cr.P.C.

an order under Section 319 Cr.P.C. can be passed only during the pendency of the

trial. Once the judgment is dictated/pronounced the trial comes to an end

and the Court has no jurisdiction to summon an additional accused under

Section 319 Cr.P.C

Raveena Kataria (Advocate ) 07 July 2017

Hi, please note, section 319 will come to application only after the commencement of inquiry or trial.

**319. Power to proceed against other persons appearing to be guilty of offence**
(1) Where, in the course of any inquiry into, or trial of, an offence, it appears from the evidence that any person not being the accused has committed any offence for which such person could be tried together with the accused, the Court may proceed against such person for the offence which he appears to have committed.

Also, please take a note of section 216 of the CRpC. (Click below to read full section.)

**216. Court may alter charge.**
(1) Any Court may alter or add to any charge at any time before judgment is pronounced.

You can thus move to the magistrate of your district and make a direct complaint to him about the facts you feel may have been left out in the chargesheet along with the proof/list of witnessess you may have pertaining to the matter. If the magistrate sees fit, he can alter/add to the chargesheet at any stage (as mentioned in the above section,) and so before the inquiry or trial begin.

Hope this helps!