mentioning sections in crl complaint & summoning of accused
vinod bansal
(Querist) 21 July 2009
This query is : Resolved
Respected all members
crl complaint uss 323/452/395/148/149/506/120-B IPC was filed by me in which four accused were named (mentioned in complaint by name)& 20-30 accused were mentioned in complaint as "20-30 other"now court has passed summoning order against four accused u/ss 323/452/506/120-B IPC & not under sections 395/148/149 IPC by stating reason that there is only four accused are mentioned by name in complaint so being accused less than five section 395/148/149 IPC is not attracted in such position,my submission in the court was that the court can proceed under sections 392/34 in such position thereaccused are less than five in number but court decline my submission,i have a citation of supreme court in which it is clearly mentioned that mere mentioning of wrong sections in complaint is not a ground to dismiss the complaint,court can summon the accused under any section in which court after perusing complaint found that the offence is prima facie made out.please avail me legal position alongwith citations. Thanx in advance
SHYAMSUNDAR
(Expert) 21 July 2009
Mr. Vinod it is for complainant to prove his case and in the present case it seems that court has issued process against four accused.
You have to go in revision.
KANDE VENKATESH GUPTA
(Expert) 21 July 2009
Dear Bansal, you have to move the High Court seeking directions to the Trial Court to frame charges against the named accused for the offences u/s 395 I.P.C. When the complainant do not know the some of the accused personally, it is not necessary for the complainant mention the descriptive particulars of the accused who committed the offence. If you press for framing of charge u/s 392 I.P.C., it would amount that the number of accused participated in the offence is less than five and your case at trial would be defeated for that reason. Hence, it is advised to approach the concerned High Court seeking directions to the trial court to frame charge u/s 395 I.P.C. by taking into consideration the number of persons both known offenders and unknown offenders.
Kiran Kumar
(Expert) 21 July 2009
file a revision petition, before the sessions court first.
Sarvesh Kumar Sharma Advocate
(Expert) 21 July 2009
if you will file any revision then the accused will take benifit of lingaron the case.
so as mr.gupta says on the time of trail when you will proove the apropiate sec. then it wil be easy to make right sections.
PALNITKAR V.V.
(Expert) 22 July 2009
Of course you can file revision in the Court of Sessions. But i think you should proceed with the trial, lead evidence to make out a case of dacoity and then request the court to frame charge for that. If the court still refuses, then go for revision.
