IPC 409
Querist :
Anonymous
(Querist) 21 July 2011
This query is : Resolved
Accused charged u/s 420, 467, 468, 469 IPC
I want that he should be tried under 409 IPC also. Case is in prosecution evidence. Statement of witnesses yet to take place. At what stage we can intervene. or it is to be a separate FIR.
kaushal kishore sanadhaya
(Expert) 21 July 2011
charge can be amended at any stage by the court but it is necessery that ingrediant of breach of trust are there in evidence.in cr p c only procecution can intervene .
THANKACHAN V P
(Expert) 21 July 2011
Kaushal Kishore is right . Ingredients of 409 should be brought out in chief examination of the defacto complainant. The court can suo moto add charge, or file an application same.If there is nothing in the FIR on 409, we cannot say anything about the result.
N. AKSHAY BERI
(Expert) 21 July 2011
THERE IS PROVISION ON CrPC FOR ADDITION OF CHARGE. SO MOVE AN APPLICATION FOR FRAMING ADDITIONAL CHARGE.
Querist :
Anonymous
(Querist) 22 July 2011
Thanks all.
Case was registered u/s 406, 420, 467 468 and 471.
Police filed chargesheet u/s 406 and 420 only.
I filed application u/s 190(1)B CrPC for taking cognizance u/s 467, 468, 471. At that time I was not aware of 409.
The court droped 406 on the ground that a partner can not be indicted u/s 406. But took cognizance u/s 420, 467, 468, 471.
Revision ag this was rejected.
Charges were framed and rev ag this also got rejected.
After reading some rulings I find that a partner can be indicted u/s 409.
I shall appreciate if some rulings and provision of CrPC for adding charge is quoted.
Ajay Bansal
(Expert) 25 July 2011
You may file an application u/s 216 Cr.P.C. at any stage for amending charge,if said section 409 I.P.C. is attracted.
Querist :
Anonymous
(Querist) 26 July 2011
Thanks Mr. Ajay Bansal.
The case is lingering on for last more than 7 years. It has taken 7 years, umpteen adjournments, 5 revisions and 1 petition u/s 482 before charges could be slapped. Case is posted for evidence. I am afraid if I move an application, evidence may be postponed.
I am not a trained lawyer and I can not afford a very competent lawyer. I am losing faith in Judiciary. Prosecution not working.
