Power of investigation
Ajaykumar Sanghavi
(Querist) 11 December 2014
This query is : Resolved
If there are more then one persons named in the FIR, and after investigation of the , investigation agency filed charge sheet under sec. 173 of the Crpc. against only 1 person. is it mandatory to file the report under sec. 169 of the Crpc against the remaining the accused whose name was mentioned in the FIR.?
Sunil S Nair
(Expert) 12 December 2014
No police upon investigation can state and clear in charge sheet the remaining names mentioned in FIR stating that those people have nothing to do with the case due to lack of evidence in short
Guest
(Expert) 12 December 2014
Dear Ajay Kumar,
I can express only my astonishment on a lawyer's statement, which you posted as follows
"investigation agency filed charge sheet under sec. 173 of the Crpc against only 1 person" AND "is it mandatory to file the report under sec. 169 of the Crpc against the remaining the accused whose name was mentioned in the FIR?"
It seems you have not read the relevant sections properly. I wish you being a lawyer should not have resorted to reading between the lines. You should have gone through sections 169, 170, 172 & 173 properly before posting your query.
You may like to check that the investigation agency files a report not charge sheet under sec. 173 of the CrPC. Again, section 169 does not pertain to "report" of the investigation agency, as you mentioned. Rather the said section 169 speaks about "release of accused when evidence deficient."
Had you properly gone through section 173(2)(i)(c) to (g) and 173(4) & (5), you could well have found the answer to your vague query.
ajay sethi
(Expert) 13 December 2014
academic query
T. Kalaiselvan, Advocate
(Expert) 15 December 2014
Though an academic query, the author has been properly informed about his lack of understanding the law before posting the query here by expert Mr. Dhingra. The author may think about it and follow it.
