498-A/406 IPC
raahat
(Querist) 17 February 2011
This query is : Resolved
Respected Experts,
My wife had filed a complaint U/s 498-A/406 about 7 years back. Now the same is on P.E. F.I.R was lodged against 5 persons but charges were framed on 7 persons. Now my cousel suggest me to go for an appeal for wrong charges made against 2 persons as the FIR has only 5 accuseds.
1. Can i go for the appeal at this point of time.
2. will it be beneficial for us.
Devajyoti Barman
(Expert) 17 February 2011
1. Appeal? First apply for discharge of those two persons or file quashing by them who were later charged. But check whether there was enough reasons for making them charge sheeted as well.
2. No but not harmful either.
SAANJAAY GUPTAA
(Expert) 18 February 2011
See FIR may contain name of 5 person but in investigation if found that there is more person involve and police filed charge sheet against them in that circumstance you go through the ingredients against then in the charge sheet and you can also filed petition for the discharge of the accused person accordingly.
indrajit mukhopadhyay
(Expert) 19 February 2011
Appeal? advised by a lawyer? I'm afraid whether he is a lawyer at all?
In a case u/s 498A/406 police has got every right to file charge-sheet against anyone if during investigation police finds that there was sufficient part play of anyone.
In FIR 5 persons may be named but in charge sheet if other two has got any part play they also may be a charge-sheeted accused.
In this case no appeal can help you. If there is no material against those 2. person who have been falsly then pray for discharge and if the said prayer is nit allowed
Sarvesh Kumar Sharma Advocate
(Expert) 18 February 2011
