complaint

eswaramurthi (Querist) 21 September 2009 This query is : Resolved
Whether a person gaves complaint, be added as accused in the same case without obtaining any complaint from others?riven

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Adinath@Avinash Patil (Expert) 21 September 2009
Dear eswaramurthi,
yes,
There is no bar under section 190 of Cr.P.c.that once the process is issued against some accused,on the next date,the magistrate can't issue process to some other person whom there is some material on record,but his name is not included as accused in the charge-sheet.
Swil Ltd.v/s state of Delhi,
AIR 2001[s.c.]2747,
2001[8] SRJ 500,
2001[6] JT 405,
2001[6] SCC 670.
Please go through the above citation.you will find your answer.riven

Guest (Expert) 21 September 2009
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09325226691, 09271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com

REGARDING THE COMPLAINT AND THE COMPLAINENT ACCUSED KINDLY NOTE THAT.
1.IN CASE OF SERIOUS OFFENCES OF MURDER AND OTHER CRIMES SOMETIMES IT HAPPENS THAT TO ESCAPE FROM POLICE ACTION AND ARREST PERSON WHO IS ACCUSED MAY GO TO POLICE STATION AND FILE A COMPLAINT AGAINST UNKNOWN PERSON ANE REPORT THE OFFENCE OF MURDER OR ANY OTHER CRIME BY UNKNOWN PERSON.
2.KINDLY NOTE THAT THERE IS NO BAR THAT COMPLAINENT CANNOT BE MADE ACCUSED.
3.I HAVE JUDGEMENT OF ONE CASE UNDER SECTION 302 OF INDIAN PENAL CODE WHERE THE COMPLAINENT FILED A COMPLAINT AT POLICE STATION OF MURDER OF UNKNOWN PERSON THE PARTS OF DEAD BODY WERE KEPT IN 3 GUNNY BAGS AND TIED WITH BIG STONE AND DROPPED IN TO THE WELL. THE SAID COMPLAINENT WAS LATER ON ARRESTED BY POLICE ON DOUBT DURING THE COURSE OF INVESTIGATION. KINDLY NOTE THAT I DEFENDED THE SAID PERSON IN DIST AND SESSIONS COURT AND MANAGED TO GET HIM ACQUITED OF ALL CHARGES INCLUDING CHARGE OF MURDER UNDER SECTION 302 OF INDIAN PENAL CODE.IT REQUIRES GREAT HARDWORK AND STUDY OF LAW PROVISIONS, CASE LAWS AND ALSO ENTIRE CASE PAPERS OF THAT PARTICULAR CASE. IN THIS CASE OUR DEFENCE WAS OF TOTAL DENIAL OF OFFENCE AND THE DEAD BODY AND IDENTY OF THE DEAD PERSON WE CHALLENGED.THE ACCUSED WAS ACQUITED AND WAS RELEASED FROM JAIL AFTER ABOUT ONE AND HALF YEAR.KINDLY NOTE.

4 I CAN GIVE ANOTHER CASE ALSO WHERE THE COMPLAINENT WHO MURDERED ONE LADY AND THROWN HER IN FARM LAND AS SHE WAS BLACKMAILING HIM AND WENT TO POLICE STATION AND FILED A COMPLAINT BY BECOMING COMPLAINENT .THOUGH I HAVE NOT HANDLED THIS CASE , I CAN TELL YOU THE DETAILS THE SAID COMPLAINENT WAS ARRESTED DURING THE COURSE OF INVESTIGATION AND WAS CONVICTED AND SENT FOR IMPRISONMENT ON THE CHARGE OF MURDER.THE SAID SENTENCE WAS CONFIRMED BY HIGH COURT AND THE MATTER IS PENDING AT SUPREME COURT IN APPEAL.BAIL WAS REJECTED BY SC.

5IN CASE YOU NEED ANY FURTHER INFORMATION KINDLY SEND DETAILS .
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE.riven