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KLN RAO (Storekeeper)     06 October 2010

Sec 409

An FIR is filed with a police station regarding missing property, alleged theft  and FIR is registered under section 379.  But, the police did not do anything and when forced being Govt Material, they altered the section to 409 and filed charge sheet on the complainant, by recording statements from some officials and showing them as circumstantial witness

Now -

Whether the Section of offence can be altered to without any documentary/eye witness?

Whether the Section of offence can be altered after three years from the FIR?

Whether the Charge Sheet can be filed after Four years from the original FIR?

 

Waiting eagerly for your views, so as to proceed further

Thanx in advance



Learning

 3 Replies

M. A. Khan (advocate)     06 October 2010

Yes section in FIR can be altered as per circumstances.  So far as time period of filing chargesheet is concerned, under CRPC, if accused is in jail, than chargesheet is required to be file within 60 days, otherwise, there is no specific time to file chargesheet.

KLN RAO (Storekeeper)     07 October 2010

Thank you.  But, in fact the complainant is really innocent; the case was actually theft.  But how to save the complainant who was made as accused?

KLN RAO (Storekeeper)     07 October 2010

And also what are the pre-requisites for the police for filing charge sheet under section 409? I studied much, but it appears there is much ambiguity in this, which favours sometimes the I/O and sometimes the accused!


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