AZAD (FREELANCE LAWYER) 12 November 2017

Can session judge surpass investigation

A lodged F.I.R against five named persons only U/s 147,148,,323,324,504,506 IPC matter was being investigated by the police in the mean time the A moved an application before the Special Judge and introduced the new version of earlier incident even changed the basic structure of F.I.R also introduced three more persons as accused although nobody was written as unknown in earlier F.I.R, then Special Judge sought police report from the concerned police station, I.O submits that sir investigation in the present matter is already going on and is about to complete but the learned Special Judge surpassing those investigation summons the accused persons including the severe sections 395 and 397 IPC believing the changed version in the earlier F.I.R.

Is the Special Judge right, if wrong then sugesst citation

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2 Replies

Siddharth Srivastava (Advocate) 12 November 2017

In fact in the given circumstance the judge has not surpassed the investigation but converted the application in complaint and summoned the named accused persons.

AZAD (FREELANCE LAWYER) 15 November 2017

no no he has summoned the two new persons here you may say that in earlier F.I.R they may be unknown then i would like to say that named F.I.R was lodged against the five person only as far as adding the section 395 and 397 IPC then the informant has various opportunity like in 161 Cr.P.c statement he can inflate his story or at the time of framing of charge he can plead the same. For a moment if it is allowed in every case then first lodge F.I.R thereafter remember the person whom you want to settle the score then move complain before Judge and add the flavour of your choice unfortunately the Magistrate in 8 out of 10 case get ready to summon merely on bare reading of your plaint, then what would happen to police investigation would they be in dustbin.