Hi,
If once chargesheet made by IO & handed over to SHO can some body having the
Authority to change the chargesheet
Ashutosh.Mumbai
Ashutosh (engineer) 06 April 2013
Hi,
If once chargesheet made by IO & handed over to SHO can some body having the
Authority to change the chargesheet
Ashutosh.Mumbai
Yes, the Magistrate has the authority to do so.
Under Section 239 of the CrPC, the Magistrate, after giving the prosecution and the accused an opportunity of being heard, considers the charge against the accused to be groundless, shall discharge the accused, and record his reasons for so doing.
@Querist,
From your version of query, It seems to me that your question is related to PWDV Act 2005.
IO or Investigating Officer will submit the report to the Magistrate and not to any police officer.
Yes,any court can alter the charges if it comes to his satisfaction and feels after examining the report.The relevant section is 216 of Criminal procedure code 1973.
Note-This reply should be taken as per the declaration given in my profile page.
Thanks,
Regards,