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Registration of fir

(Querist) 16 April 2013 This query is : Resolved 
FIR registered against A,B,C for the cognizable offence. Police investigation is going on. During investigation, a witness said that D & E are also involved in the commission of said offence apart from A,B,C.
Now the police wants to register FIR against D & E relying on the statement of the said witness. Can the FIR be registered against D & E keeping in mind the prohibition contained u/s 162(1)proviso? How the police should proceed against D & E in this case?
Raj Kumar Makkad (Expert) 16 April 2013
If during the investigation, it appears to the police that some more accused persons are involved in the same crime in the same sequance with the same persons already impleaded as accused persons, police can also join them accordingly in the same FIR and section 162 priso 1 do not come in the way.


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