Inclusion in fir

Md Abdul Kadher (Querist) 09 February 2014 This query is : Resolved
One criminal case was filed in the magistrate court. Counter was filed by the respondent. Subsequently one party has to be included as another accused as per the following orders of the Hon. Apex Court of
India in Hardeep Singh v. State of Punjab criminal appeal case (Criminal Appeal No.1750/2008),10/01/2014:
“A person not named in the FIR or a person though named in the FIR but has not been charge-sheeted or a person who has been discharged can be summoned under Section 319 Cr.P.C. provided from the evidence it appears that such person can be tried along with the accused already facing trial”.
Whether I have to file a petition under Section 151, Order 22 and Rule 4 of CPC to include that person in the petition by requesting amendment? What are the documents to be filed for amendment
request?

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Devajyoti Barman (Expert) 09 February 2014
Are you a law student?
You are definitely not an advocate.
CPC does npt apply in criminal proceeding. You have to file petition under crpc.

Rajendra K Goyal (Expert) 10 February 2014
File petition under Cr PC.

T. Kalaiselvan, Advocate (Expert) 10 February 2014
Filing a petition u/s319 of Cr.P.C ill take care of the requirement.

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