Discharge before framing of charge by jmfc
JAIME
(Querist) 08 September 2011
This query is : Resolved
Two Accused were Chargesheeted u/s 465, 467, 468, 471, 419, 420 read with section 34 of the Indian Penal Code. Accused No. 2 expired. The govt examiner report indicated that the handwriting was of Accused No. 2. The JMFC discharged Accused No. 1 for want of Prima Facie material. The Public Prosecutor having "Conflict of Interest" between Accused No. 1, supressed certain documents capable of establishing Prima Facie. The Subdivisional upon our complaint of Personation reported the matter to the Police who inturn registered FIR and upon investigation Filed ChargeSheet upon legal opinion of PP. If the PP refused to file Appeal/Revision do we the witnesses whose names are in the Charge Sheet have any right to file Appeal against the Order of Discharge to start the Trial? Thanks.
Raj Kumar Makkad
(Expert) 08 September 2011
Complainant witness has got right to file an appeal and other witnesses have no locus stnadi to do so.