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Shaik Maqbul   22 June 2023

Can court direct police to change the section in fir

An FIR is filed by victim against the persons who indulged in entering in his house and attempted on his life. The police registered the FIR and chargesheet filed in court under sections 156, etc.

The victim appealed the court that offenders shall be prosecuted under section 307 ie attempt to murder.

Question:

Can court direct the police to amend the chargesheet under attempt to murder section?



Learning

 1 Replies

T. Kalaiselvan, Advocate (Advocate)     23 June 2023

The victim can approach trial court witha n applicaiton under section 178(3) cr.p.c. after the charge sheet is filed.

Moreover the trial court can order further investigation under Section 173(8) of CrPC on the basis of application preferred in this regard by the de facto complainant at any stage irrespective of the stage of pre-cognizance or post- cognizance stage, even after the commencement of the trial.


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