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Ravi Kant (LAWYER)     03 May 2014

Chargesheet supplementary

Can a Chargesheet be submitted in a FIR in which acquittal of all accused has already taken place.



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 4 Replies

Lawyer SALEEMA KABEER (Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779)     04 May 2014

On registering FIR, the investigation agency will investigate the matter. If it is found by the investigation agency that the offence has been committed, they will file charge sheet before the court. If they came to a conclusion that no offence is committed, they will file final report, before the concerned court, stating as mistake of fact.... etc...

 

However, it is the duty of investigation agency to file report after completion of their investigation.

 

Note that even after filing final report, the defacto complainant can challenge the same before the Court.

Anand Bali Adv. (Advocate Solicitor & Consultant)     04 May 2014

Dear Friend,

There is a provision, in the Cr.P.C. that a fresh investigation always can be held under the directions of the court under Sec 156, along with the diary of proceedings under Sec 172.and its report under Sec 173 to the concerned court.and then its further cognizance by the court under Sec 190.or not for the order of the process. A supplementary charge sheet can any time be submitted after the completion of the investigation by the  investigating officer of the police.

For further legal assistance on nominal charges,  you can contact undersigned on below given  phone number.

Advise, always take assistance from an experienced and well educated Advocate of the field. You can see my credentials on site for my appraisal.

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Anand Bali, Adv.
(B.Com., M.A., LL.B., M.B.A.)

Supreme Court Of India,
High Court & District Courts of Delhi, UP & UK.
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Lawyer SALEEMA KABEER (Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779)     05 May 2014

As per the recent development in law, Court can not order for fresh investigation. But, Court can permit the Investigation agency to file supplementary charge sheet, if circumstances warranted. On the other hand, the court itself has to inquire in to the matter as private complaint if the final report is challenged by the defacto complainant.

T. Kalaiselvan, Advocate (Advocate)     06 May 2014

Nothing more to add while I agree to the opinions given by above advocates which are more than sufficient to the author's query.


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