Reg:498a
R.Ramesh
(Querist) 08 December 2012
This query is : Resolved
Sir pls could you let me know if Investigating Officer had removed some persons name in the 498a charge sheet and then those people can be free from this case. Thanking you
Nadeem Qureshi
(Expert) 08 December 2012
First instant it's seems that they are free from this case but the court have power u/s 319 of Cr.PC
319. Power to proceed against other persons appearing to be guilty of offence.
(1) Where, in the course of any inquiry into, or trial of, an offence, it appears from the evidence that any person not being the accused has committed any offence for which Such person could be tried together with the accused, the court may proceed against such person for the offence which he appears to have committed.
(2) Where such person is not attending the court he may be arrested or Summoned, as the circumstances of' the case may require, for the purpose aforesaid.
(3) Any person attending the court although not trader arrest or upon a summon, may be detained by such court for the purpose of the inquiry into, or trial of, the offence which he appears to have committed.
(4) Where the court proceeds against any person under subsection (1) then-
(a) The proceedings in respect of such person shall be commenced afresh, and witnesses re-heard.
(b) Subject to the provisions of clause (a), the case may proceed as if such person had been an accused person when the court took cognizance of the offence upon which the inquiry or trial was commenced.
Feel Free to Call
prabhakar singh
(Expert) 08 December 2012
It may happen the way you think but victim is also free to move to court by application to
assail such a drop by police .
Raj Kumar Makkad
(Expert) 08 December 2012
Your similar query has already stand resolved.
