CAN POWER TO REDUCE CHANGES..
GIRISH AGRAWAL
(Querist) 14 August 2010
This query is : Resolved
1. MAY 2009:- FIVE ACCUCE CHEATED MORE THAN 24 PEOPLE
2.SEP 2009 :- POLICE RETISTERED FIR U/S 420 IPC ONE ACCUCE NAMED AND SENT COPY
OF FIR TO COURT.
3.JAN 2010 :- POLICE ADD U/S 406,409& 34 IPC AND ADD 4 ACCUCE NAMED BUT DO NOT
INFORM TO COURT
4.MAR 2010:- AFTER 3 MONTHS POLICE AGAIN
REDUCE U/S 406 409 & 4 ACCUCE BUT DO NOT INFORM TO COURT
MY QUERY ARE:-
1. CAN POLICE REDUCE CHARGE
2. WHAT CAN WE DO FILE COMPLAIN OR WRIT
IN H.C.
3. PLEASE SUGGEST BEST REMEDY FOR JUSTICE
4. CAN I FILE COMPLAIN IN COURT & WRIT IN
HC BOTH @ SAME TIME IN THIS CASE
THANKS ALL
Devajyoti Barman
(Expert) 14 August 2010
Yes the police has power to alter or modify the charges but the altered or modified charges is to be submitted n the court.
If you are aggrieved by such order you can similarly make prayer in the trial court itself for modification or alteration of charges. If it is not allowed then move to hogh court in revision. Instead of doing this the Writ should not be filed as the Writ is allowed when no other alternative and efficacious remedy is available.
s.subramanian
(Expert) 14 August 2010
Yes. I fully endorse the view of Mr.Barman.
madan kumar tiwary
(Expert) 14 August 2010
you file complain case before judicial magistrate (CJM) if charge sheet has not been submitted. if charge sheet has been submitted then at the time of cognizance you can make prayer for cognizance u/s 406 & 409 but there should be material/evidence against whom you want to be included in acussed list. remember court is not bound to accept the report of police if material is available in the case diary. during trial too, you can make make prayer for addition of charge section 216 cr.p.c. you also see section 210.
Koumarish Bhattacharya
(Expert) 14 August 2010
If there is an alternative remedy, there is no Writ.
Police may pray to alter the charges and/or to add or reduce any number accused. But your story seems it is purely unofficial.
