498a - can fir be modified or re-filed by the police?

Registration of FIR is the first step in a criminal case, it sets the ball rolling, and investiagtion starts, even though some people have not been named in the FIR can later be chargesheeted by the police if offence appears to have made out against them. But the same has to be done on the basis objectively determinable evide ences and not pressure tactics by the girl's side. IF you feel the girl side is unduly trying to influence the investigation, there is a lot you can do. 

Consult a local lawyer

Registration of FIR is the first step in a criminal case, it sets the ball rolling, and investiagtion starts, even though some people have not been named in the FIR can later be chargesheeted by the police if offence appears to have made out against them. But the same has to be done on the basis objectively determinable evide ences and not pressure tactics by the girl's side. IF you feel the girl side is unduly trying to influence the investigation, there is a lot you can do. be a

FIR is not the be all and end all of police investigation if after that name comes up in statements u/s 161 police is free to challan them

Consult a local lawyer

It is beyond doubt that the girl is walking the path of harassment tactics by writing to the police to include the name of other family members among accused persons. If subsequent to the FIR being filed the IO stumbles upon any cogent evidence which hints towards the involvement of any person not named in the FIR in the commission of the offence alleged, he is at liberty to include his name in the chargesheet. As a consequence thereof, such person shall have to face trial if the court frames charges against him.

Simultaneously, the girl (complainant) can also file an application u/s 319 Cr.P.C praying for the summoning and prosecution of any person not named in the FIR. If it appears to the court from evidence before it during trial that the offence, in addition to the accused, has also been committed by any other person, the court may summon him and try him along with the remaining accused. If the other family members, though not mentioned in the FIR, are arrayed as accused persons by the IO in the chargesheet, they can go to the HC for quashing of the chargesheet qua them.

Ashish Davessar

Advocate

Supreme Court of India

Punjab and Haryana High Court

No arrest is needed when responded to the summons and appeared before the court.  At best submission of a bond of surety for attending call on dates to answer the charge may be ordered.

FIR can not be changed, but additional statement can be given by the complainant which would form the basis of CS.

I go with what Mr.Ashish Davesdar has said.

The complainant would knows that any change in the FIR will backfire on her.

She will adopt the recourse suggested by Mr.Davessar

No arrest will be made as the court will issue summons and not warrant.

Originally posted by : Shonee Kapoor
	FIR can not be changed, but additional statement can be given by the complainant which would form the basis of CS.     Regards,   Shonee Kapoor www.facebook.com/shoneekapoor  Handphone: +91-8010850498 Email: harassed.by.498a@gmail.com Yahoogroups: https://groups.yahoo.com/group/sahodar

so does this mean that ...

wife can file additional statements any time from -

date of filing FIR till submission of charge sheet by IO / framing of charges by court ??