Police has registered fir but not applied sections properly
pssthya
(Querist) 14 June 2014
This query is : Resolved
sir,
police has registered FIR but not applied sections properly in FIR.
in FIR it has mentioned the events that led to dispute but not
applied the sections accordingly
ALSO
in charge sheet the sections mentioned do not reflect the complaint
registered in FIR
please suggest what legal procedure to follow in such case.
thank in advance.
Devajyoti Barman
(Expert) 14 June 2014
You can apply to the Magistrate for addition or alternation of charge. On satisfaction of your representation and hearing all the parties concerned the court may change it to suitable provision.
Rajendra K Goyal
(Expert) 14 June 2014
prey the court through your lawyer for addition or alteration of charges.
Thyagarajan
(Expert) 14 June 2014
Did u bring your observation to the police station in which u filed the FIR?
Adv Archana Deshmukh
(Expert) 14 June 2014
If the facts are mentioned properly in the FIR, the court will frame correct charges even though the police have not done so.
Advocate. Arunagiri
(Expert) 15 June 2014
It is not necessary that the police should file charge sheet under the same sections mentioned in the FIR.
You can also apply to the court to add or delete the charges at any point of time.
Raj Kumar Makkad
(Expert) 17 June 2014
You have many options to get the correction which can be started by moving an application seeking the impartial investigation of the case then at the time of leading argument on framing of charge and then at the time of the evidence by moving an application under section 316 of criminal procedure code.
