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Charge framing

(Querist) 25 January 2014 This query is : Resolved 
Dear experts,

i have a little bit query....
fir was registered under 154 crpc..under criminal section 386 in march 2009 and chargesheet submitted after 2month in same section (386) and supplimentry chargesheet awaited . magistered orderd that I TAKE COGNIZANCE OFFENCE.i fter one year supplimantry chargesheet was also submitted(2010) under the same section. arguments of framing of charge still pending..material placed in chargesheet disclose suspicious of offence 385 of ipc..
my question is.

1-Magestered can alter/add any charge at the time of charge frame (which was not charged by police 385 ipc).?
2-after more then 4 years 385 IPC can be charged at the time of charge frame..because crpc 468 bared the limitation of cognizance.

Any judgment is available for the same circumstances..

Devajyoti Barman (Expert) 25 January 2014
1. Charge can be altered or modified even during trial.
2. Alteration of charge does not attract limitation.
For citation make personal effort.
S.QAISAR ALI ADV. (Expert) 25 January 2014
1- yes
2-yes
T. Kalaiselvan, Advocate (Expert) 26 January 2014
I endorse the views of expert Mr.Barman on the subject.
Advocate. Arunagiri (Expert) 26 January 2014
I go with Mr.Barman.


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