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VENKS (S)     27 September 2010

FIR versus Chargesheet

Hello everyone,

 

 

If I.O files FIR against the accused, is it compulsory for him to give a report (positive or negative) regarding the alleged offence?

 

 

What if the alleged offence filed in the FIR is not mentioned in the chargesheet?

 

 

Regards,

 

Legal help.



Learning

 17 Replies

adv. rajeev ( rajoo ) (practicing advocate)     27 September 2010

It is mandatory to file charge sheet,  I O can also file B report i.e., false report to the court after investigation.

Uma parameswaran (lawyer)     27 September 2010

Acquital.

Suchitra. S (Advocate)     27 September 2010

It is mandatory that police investigate the matter and file charge sheet once the FIR is filed. If it is a false allegation, they will put a 'B' report. At times the offences alleged can change after investigation and so, the sections mentioned in FIR and charge sheet may differ. Court will go according to charge sheet submitted.

2 Like

VENKS (S)     27 September 2010

Thank you Ms. Suchitra for taking the time to reply to my query.

 

Regards,

Legal help

Deepak Parmar (Accounts Manager)     28 September 2010

Dear Mam,


When the Police does not files an FIR and only files when  Court tells the Police to file an FIR,

In How Many days does the Police has to file Chargesheet to the Court

Suchitra. S (Advocate)     28 September 2010

Usually police have to file charge sheet within 90 days after FIR has been filed. But why wake a sleeping lion? Their delay works for advantage of the accused. He can ask for quashing of FIR in HC..

Deepak Parmar (Accounts Manager)     28 September 2010

Thanks

manish (Advocate)     28 September 2010

what is the remedy for the complainant in such case where charge was differ from FiR and chargesheet

Prof. P S Sawhney (none)     29 September 2010

The FIR is filed on the basis of the complaint as received by the concerned Police Officer, while the charge-sheet is filed after due investigation.During the investigation new facts may come to the notice of the police which can certainly be incorporated in the charge-sheet. Normally the charge-sheet is to be filed within 90 days after the filing of the FIR.Giving a copy of the FIR to the complainant is mandatory.

Suchitra. S (Advocate)     29 September 2010

There is no punishment for the complainant .

manish (Advocate)     29 September 2010

it is correct that there is no punishment for complainant but what about that event which complainant suffer from accused i am talking about the injustice to complainant, what is remedy

VENKS (S)     30 September 2010

Hello Ms. Suchitra,

 

You had said that "At times, the offences alleged can change after investigation and so the sections mentioned in FIR and chargesheet may differ."

 

What if the section mentioned in the FIR and chargesheet are same.  But the alleged offence filed in the FIR is not mentioned in the chargesheet.  And yet no "B report was given."

 

Regards,

Legal help.

Suchitra. S (Advocate)     30 September 2010

@ Manish Sir, I did not understand "what if the complainant suffers by the accused " as asked by you.... How a complainant suffer because of accused !?

@  legal help Sir, if section in both FIR and charge sheet are same , then it implies the offences are also same even though it is not mentioned in charge sheet.  So, no question of B report also.

VENKS (S)     30 September 2010

Thank you Ms. Suchitra for replying to my query.

 

Legal help.


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