156(3)crpc
vinod bansal
(Querist) 08 December 2009
This query is : Resolved
R/Members
I filed a crl complaint u/ss 498 A/506/406 IPC which was sent for registration of FIR & investigation u/s 156(3)crpc , in my complaint only one person was impleaded as an accused and in prayer clause,legal action was also sought against only one person.Police after investigation filed challan against five other family members of above stated accused also whereas complaionant requested legal action only only person,is police challan/investigation is legal in the eyes of law.Regards Thanx
Adv Archana Deshmukh
(Expert) 08 December 2009
There is no illegality in that, if during the investigation the police find other persons guilty of the offence, they can implead them as an accused.
Raj Kumar Makkad
(Expert) 08 December 2009
The challan has rightly been put by police after thorough investigation. There is no say of complainant in this matter because it has now become a police/state case and police has to make its own investigation as per rules.
kranthi kiran
(Expert) 09 December 2009
It is a general practice, that, all the family members will be implicated in the 498-A offences by misusing and abusing the process of law.But in the instant case, if the complaiant and other witnesses does not speak of any harrassment by the family members, the later can file petition u/s 482 Cr.P.C for quash of the proceedings in the lower court.
