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Suresh Chandra (director)     08 November 2012

Difference in charge sheets submitted in mact and mm court

 


In case of car accident , police filed a charge sheet in MACT court, but when police went to submit same charge sheet to MM court (criminal side) , charge sheet was found to be lacking in evidence as there was no witness to the accident  and then police added one witness in back date and submitted the modified charge sheet in MM court.Now charge sheets submitted to MACT and MM court differ on this account. Is it legal? Can there be a diffenence in  the charge sheets submitted to MACT and MM court for the same case.

 


Learning

 4 Replies

Adv. Nikhil Seth (legal consultant (9867264707))     08 November 2012

No there should be no difference in chargesheet . Chargesheet is basically investigation of the police over a criminal matter . Charge sheet cannot be different . Police have to produce one charge sheet . Yes police have aright to file additional chargesheet .

Adv.NIKHIL SETH

 

Mumbai

surjit singh (Assistant)     08 November 2012

Kindly reply in which section the charge sheet is filed in the MM court, In both the court the document shoudl be same and the witnesses would be same. Police cannot add any witness on back date if it has been done in that cse it is an offence on the part of police, which amounts to tampering of record. If you have proof of such back date entry produce it before the court, I am sure the court will take serious note of it.

Suresh Chandra (director)     08 November 2012

It is under IPC 279 and 338. 

surjit singh (Assistant)     10 November 2012

You will have to produce evidence that there was no rash driving. If you can prove this then both the case will go.


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