Under section 384 .34ipc
aman
(Querist) 08 January 2012
This query is : Resolved
in police enquiry state that a person is not a criminal .in case (under 384).but in fir have name of person . but court give bail to person. . but district attorney give comment on enquiry that it is a henious crime, if released the person from chalan den case is affected.. then what is the procedure to remove the name in police challan. . chalan not generated in court .kindly give the right way for next process
Devajyoti Barman
(Expert) 08 January 2012
Wit till submission of Charge sheet. The Police may remove his name on completion of investigation.
If his name remains there then he can go for quashing or for discharge.
Rajeev Kumar
(Expert) 08 January 2012
Let us make an application before the higher officer of police for removing the name on the the basis of enquiry report. Wait till chargesheet is filed your name will be removed after investigation. If not removed then file discharge or quashing on the basis of enquiry report
Raj Kumar Makkad
(Expert) 08 January 2012
There is no occasion with such person to get the official knowledge of his name inserted in the challan or not or the comment of DA. It is within department of police. No benefit is available to such person about the internal enquiry or the enquiry report produced to DA by police officials. Re-enquiry can also be made so it is better to wait till the submission of the challan.
aman
(Querist) 08 January 2012
suppose name is remove from challan on the basis of police report. then can judge order to call me anytime. on ( other criminals sheets or bayan) but if complaitenet sheet on police report he is not the person which is involve.. then if judge caal me what can we do ???
Shonee Kapoor
(Expert) 08 January 2012
Yes, Judge can call you suo-motto or an application u/s 319 of CrPC.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
