Harsh (Manager) 13 January 2013
A3 to A4 spent very little time with wife like 3-5 weeks. IO is asking to submit proof that they stayed away, which we dont have, except may be some neighbors etc. stating it
If IO deletes names based on this info only (no proof); can magistrate review and add?
Basically how much of power does IO have in conducting a 'fair' investigation.
sridhar pasumarthy (ADVOCATE) 13 January 2013
Though the Investigating Officer removes names of certain persons in the final report/challan/chargesheet, the magistrate conducting trial may implead them as co-accused at a later point of time i.e. during the course of evidence, if it feels their complicity in the alleged offence. This power is conferred under Section 319 of Code of criminal procedure.
Harsh (Manager) 13 January 2013
true, but that will happen at evidence stage I think and that too if new evidence is produced or during cross if things come up?
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