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Non arrest

(Querist) 28 November 2011 This query is : Resolved 
accused No.1 and No.2 as per the FIR WHO have been booked under 307 ipc and others act and 25 arms act in a firing incident have not been arrested even after passing 1 year to the incident and now the police has submitted the final charge sheet in the trial court by not filing charge sheet against them and completely omitting their names from the charge sheet. What can be done in this case to get the accused persons arrested and charge sheeted ?
Can any petition be filed in the High court.
Devajyoti Barman (Expert) 28 November 2011
The de facto complainant will get a chance to challenge such final report against them by filing Protest Petition.
If the court is satisfied it may order the Police for re investigation but definitely can not direct the Police to arrest them.
Kiran Kumar (Expert) 28 November 2011
Certainly the court can not issue directions for arresting the said accused.

the trial court may exercise its powers under S. 319 Cr.P.C for the trial of the persons who are appearing to be accused in the said case.
Rajeev Kumar (Expert) 28 November 2011
Agree with experts
Arun Kumar Bhagat (Expert) 28 November 2011
I agree with Mr.Barman. Sec. 319 shall be applicable when charge sheet is filed but in the instant case FRT is filed.
M/s. Y-not legal services (Expert) 28 November 2011
yes am also agree with barman sir.,
Advocate Sachdev Bishnoi (Expert) 28 November 2011
agree with Mr. Kiran and Mr. Berman
Shailesh Kr. Shah (Expert) 28 November 2011
Agree with Mr.Barman and Mr.Kiran.
Shonee Kapoor (Expert) 29 November 2011
Nothing more to add.


Shonee Kapoor
prashant pundhir (Expert) 29 November 2011
Off course the court may exercise its power u/s 319 cr.p.c. but if the cognizance is not taken on the filed chargesheet,then the application can be given to the magistrate for re-investigation of the case .

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