wrongly framing of charge

vinod bansal (Querist) 03 May 2009 This query is : Resolved
R/All
I m representing accused in a case u/s 454/380.Court wrongly framed charged u/s 411 IPC by Typographical mistake). Court has recorded evidence of two witnesses after framing charge,now what will be the fate of this case,if court notice this mistake at any stage & suo moto correct (amend)the charge than the witnesses who has already examined will be summoned again or not.Plz help Thanks

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A V Vishal (Expert) 04 May 2009
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Swami Sadashiva Brahmendra Sar (Expert) 04 May 2009
Typographical error can be corrected by court suo motu or on your application.witnesses need not be summoned again.

Kiran Kumar (Expert) 04 May 2009
Mr. Tripathi is right that the typographical errors can be corrected.

but if the court has intentionally framed charged under S.411 then court can not reivew its own order in view of Adalat Parshad's case.

so then u ll have to file criminal revision petition as according to the provisions.

adv. rajeev ( rajoo ) (Expert) 04 May 2009
Court can suo mots amend the charges. U told that already wittness are examined, let it be it is good for you, because evidence is lead, sections are different, charge is framed on different section, so while arguing the case u point all the mistake of the court, ur client will be acquitted.

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Y V Vishweshwar Rao (Expert) 05 May 2009
Dear Vinod Bansal !

Lrd Friends suggestions are valuable

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PRAKASHCHANDRA MARU (Expert) 05 May 2009
the all learned given the suggessitions are valuable and according to the law

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deepak kumar (Expert) 09 May 2009
whether the substance of charge that was read over to your client was under section 411 IPC if it was so then it can not be treated as a typographical mistake, however charge can be altered at any time and there is no difficulty in it.
a person can be convicted to a lesser offence than charged but can not be convicted of an higher offence unless and untill the witnessess have been re-examined

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Shashwat Shukla (Expert) 09 May 2009
Mr. Vinod, All advocates are right.

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