It happened in 2009, when Mr X was charged with IPC 120/B, 114, 408,420, 465,467, 468, 471, etc.The police on investigation found the case to be correct and submitted charge-sheet in the Court. It is contended that the Court of Magistrate will decide regarding the correctness of the allegations.The copy of the charge-sheet has been filed and is on the record of the trial court. It shows that the charge-sheet has been submitted for offences under Section 408 and 420 only, I.P.C. Rest of the IPC's were omitted in the chargesheet.IPC's 114/,120/b , 465,467,468,471 was found to be incorrect or irralavant even by the police. No doubt, the criminal court alone is competent to decide whether any offence has been committed by the accused or not,.The question is whether the F.I.R. was false or correct being relevant for decision, it has to be decided on the basis of the evidence adduced in his petition.
My Query is:
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Was the FIR false ?
- Would it help the accused in defence or deposition?
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Can it be challenged in H/C.
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The trial has still not yet begun even after four years, bcoz the opponant is not remaining present on dates.
- A seperates defamation case by the accused against the complainants is already pending in lower court. Should it be withdrawn?
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Your valueable expert advise solicited.
