Addition of Section 308 after filing of chargesheet and plea

Lawyer Daman 09825947684

Dear Friends,

I have come across a strange problem. Pl suggest way out

A Police registered offence on 2/8/2010 u/s 279, 337 IPC and 134 (a)(b) of MV Act. Complainant on 3/8/2010 informed by written application that Complaint is not registered as per his say as he stated that Accused is his nephew and there is enemity between them and looking at scene it is clear case of 308. Police received letter but didnt take action or add section or did any investigation in that direction. Police filed chargesheet on 31/8/2010. The summons was issued to accused. The accused appeared before that date by taking matter on board, and pleaded guilty. The court didnt call complainant and recorded his plea guilty and sentenced accused to pay fine of Rs.2000/-.

The original complainnat was unknown about all these. He wrote letter to Incharge Police Officer on 16/8/2010, then to IGP on 31/8/2010, 8/10/2010 but none of them took any action or even replied.

Now the question is

How can complainant now get SEction 308 or 304 added to present crime which is already decided and over?

Can he file a complaint U/s 156(3) for direction to add said section in present crime and reinvestigate? is it provided in CrPC?

Can police reopen said crime and after adding section, reinvestigate and file additional chargesheet?

Is principal of double jeopardy comes into picture if such action is taken?


Thanks and Regards

Samir Modasia




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