Case against defacto complainant.

lawyer

Dear friends and Sr. Advocates,

In 306, 304B case, we feel that the accused should/could be the de facto complainant.

Is this possible that we can file a case against or can we ask the sessions judge/pp to include them in accused list to render the justice ?

If yes, in which section / provisions we do this.
 
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Advocate

If evidence exists against the complainant for the offences under section 306, 304B, IPC, definitely the court will order for proceeding against them, move application and submit evidence relied on for such charges against the complainant in the trial court.
 
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you will have to move an application u/s 319 of Cr.PC to arraign other persons as accused, you must have material evidence which should prove that the other persons/Original Complainant were involved in the offence.
 
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lawyer

Thank you Vijay Raj and Vinit Nair sir.
 
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lawyer

Additional query: In which stage we can submit this petition u/s 319 along with necessary evidance ? Is this possible after chief / LW is in progress ?
 
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at any stage of inquiry or trail.
 
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lawyer

Thank you Vinit sir
 
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