Framing charge u/s 420 ipc
Tashi Norbu Basi
(Querist) 01 September 2011
This query is : Resolved
Allegation against me is that I promised the complainant some preferential and heavy contract works and thereby induced her to give me lots and lots of expensive items. Complainant even alleges I made her give me her land and that she constructed a building at her exclusive expenses for me.
Investigating officer filed report saying no criminal case as defined by Sec 420 IPC made out.
Complainant filed Naraji Petition and case filed sent back to I.O. for re-investigation (kindly note, the order says re-investigation and not further investigation).
No re-investigation, or for that matter, no further investigation was done and charge sheet was filed u/s 420 IPC.
From the chargesheet it is evident that at least some of her allegations against me are false.
Can charge be framed against me in such a case. If some citations are given, it would be most helpful. Thank you.
PARTHA P BORBORA
(Expert) 01 September 2011
If it appears from the Charge sheet that that there is a prima-faci case against you the Court will frame charge against you.
Devajyoti Barman
(Expert) 01 September 2011
Yes the police after reinvestigation charges you against any sections it finds after investigation.
If you are against it then you can try for discharge.
There is hardly any difference between reinvestigation and further investigation.
prabhakar singh
(Expert) 02 September 2011
Expert : Devajyoti Barman is right.
Advocate. Arunagiri
(Expert) 02 September 2011
The court had followed the legal procedures correctly. You have to prove your innocence in the court only either in the trial or by filing a discharge petition.
Tashi Norbu Basi
(Querist) 02 September 2011
What about the fact that some of the allegations against me are evidently false? Doesn't the complaint need to be the truth and nothing but the truth?
