cognizance of offence by court

Tabassum Dalvi (Querist) 30 October 2008 This query is : Resolved
Can the name of the accused be changed after cognizance of the offence on police report is taken by the court, before framing of the charge? If yes, how?

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sanjay kumar patibandla (Expert) 30 October 2008
I think it is not possible. Police has to withdraw the charge against the accused and they have to file another charge sheet.

Tabassum Dalvi (Querist) 31 October 2008
Thankyou Mr. Patibandla for your opinion. I appreciate your effort and value the same.
Tabassum Dalvi
Mumbai

deepak kumar (Expert) 01 November 2008
once cogzinance has been taken and process is issued the police has no jurisdiction to withdraw the charge sheet. It may take up further investigation in terms of 173(8) of the code.
the question is not clear as to whether change in name is required with respect to same accused or another accused is to replace him?

G. ARAVINTHAN (Expert) 01 November 2008
Not possible to change the name of the accused after the cognizance of offence by the Court

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