CA VIKAS 11 April 2017
The Original Complainant, had complained about Assualt , but police has only included 324 IPC in FIR, Now the Chargesheet has been filed, but trial is not started, can the Original Complainat file application u/s 216 of CRPC to add section 307,351,506 (ii) in the matter ???
Does Original Complainant needs to approach PUBLIC PROCEUTOR or can directly file application as Misc. Application
Please provide a format for 216 application if any
Sachin (N.A) 11 April 2017
| Originally posted by : CA VIKAS | ||
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The Original Complainant, had complained about Assualt , but police has only included 324 IPC in FIR, Now the Chargesheet has been filed, but trial is not started, can the Original Complainat file application u/s 216 of CRPC to add section 307,351,506 (ii) in the matter ??? Does Original Complainant needs to approach PUBLIC PROCEUTOR or can directly file application as Misc. Application Please provide a format for 216 application if any |
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There is no need to file 216 Cr.P.C at this stage because you yourself stated that trial has not start till yet.
Let the judge order for "Argument on charge"
You can hire a lawyer for argument on charge and argue for trial in other sections also.
Sachin (N.A) 11 April 2017
If you do not succeed in adding other sections during argument on charge then first find some material evidence in your favour and then file 216 CrPC
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