non mentionning of charging section in FIR
abdulrahaman
(Querist) 21 December 2009
This query is : Resolved
Please reply with case law for the following querry;
1) If a criminal case is filed by a company for breach of trust against it's two employees and on the two out side persons u/s. 408 which is the charging section for the and not for the out side parties. In this case whether the third persons can challenge the error in FIR and can apply for quash U/s.482 crpc
2) What is the time limit to get a statement by an investigation officer from a witnesses u/s 161(3)
adv. rajeev ( rajoo )
(Expert) 21 December 2009
If there is no charge against the third parties they can challenge it, but my advise is better to face the trial, if they challenged some times high court orders to face the trial first so it is better to face the trial.
Arvind Singh Chauhan
(Expert) 21 December 2009
As heading of query shows "Non mentioning Of charging sections in FIR". But in your query there is no such problem . Mentioning Of charging sections in FIR is not necessary.
For your first query Rajeev Sir have advised best.For your second query as time limit to get statement under 161 by I.O. There is no time limit. However Apex court held in so many cases that if there is delay in recording 161 and in investigation, it is fatal for prosecution.
Ajay Bansal
(Expert) 21 December 2009
Arvind and Rajeev have already given proper answer of your question.
