Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Please clarify urgent

(Querist) 22 March 2016 This query is : Resolved 
Dear Experts,
In an Economic Offences Wing Case Police had registered a case u/s 156(3) after 8 years of occurence for unregistered chit and subsequently filed a charge sheet for the offences u/s 406,420 r/w 4,76 of Tamil Nadu Chits Registration Act 1978.The entire trial has been completed and the case is at the stage of Judgement.Further at the time of Cross Examination of the Investigation Officer a strong suggestion have been made to the effect that no such act namely Tamil Nadu Chits Registration Act 1978 have been enacted by the State Government of Tamil Nadu and further the I.O. admitted that too correct in the cross examiantion.
The Accused have been summoned for the offences u/s 406,420 r/w 4,76 of Tamil Nadu Chits Registration Act 1978,copies furnished,initial charge framed and also 313 Cr.P.C questioned for the same wrong charge itself by the Court.
Further the ADPP also admitted in the Arguments that the said Act have not been enacted and wrongly charged in the charge sheet.
Please clarify me whether the Court can alter the Charge u/s 216 Cr.P.C at this stage of judgement?
Provide me any citations regarding the above aspect..
Rds,
Adv.Shree
Devajyoti Barman (Expert) 23 March 2016
Charge can be altered at any stage provided enough opportunity is given to both party. Since argument is done I find no such chance.
Court can only acquit the accused under the said TN Chit Registration Act.
For citation , make personal effort.
Adv. Yogen Kakade (Expert) 23 March 2016
Search the relevant citations.. you will find many.
Rajendra K Goyal (Expert) 23 March 2016
Citation / judgement not provided in this section.
Dr J C Vashista (Expert) 24 March 2016
Since complaint case is at the stage of pronouncement of judgment after completion of trail as stated by author, implies that the charges have been accepted by accused/attained finality and it cannot be challanged at this stage.
Shree. (Querist) 28 March 2016
Dear Sirs,
The Accused has been acquitted from all the charges.Thanks for your timely reply.
Shree. (Querist) 28 March 2016
Dear Sirs,
The Accused has been acquitted from all the charges.Thanks for your timely reply.


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :