Chargesheet & Process Issue
sunil pagare
(Querist) 14 January 2010
This query is : Resolved
R/sir & Madam,After filiing Chargesheet court take the cognizance & issue the process against the accused. It is a Procedure of law.My query is that after filing chargesheet at the time of issuing process it is reavel from the documents that, offence in other section is committed by accused. whether court have power to issue process under that section insted of I O arrested & chargesheeted the accused in another sec?
Arvind Singh Chauhan
(Expert) 14 January 2010
Ye at the time of framing the charge court can do such, even also during evidence, if evidence leads such offense is committed, the charge may be altered.
Raj Kumar Makkad
(Expert) 14 January 2010
Yes. It has vide powers even under section 173 (8) Cr. P.C. to direct prosecution agency to further investigate the case through some other police official other than IO.
anuz doda
(Expert) 14 January 2010
Dear Sunil , Yes , the Court may take cognizance of an offence which is not in chargesheet , if prima facie contents of that new offence available in challan papers / chargesheet . Anuz Doda Adv
N RAMESH.
(Expert) 14 January 2010
//after filing chargesheet at the time of issuing process it is reavel from the documents that, offence in other section is committed by accused. whether court have power to issue process under that section insted of I O arrested & chargesheeted the accused in another sec?//
No. Not at the time of issuing process. After appearance of accused, the court has duty to frame charge on the basis of materials available. At this stage,irrespective of offence alleged under final report/charge sheet, court can charge under appropriate section.
