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Chethana (Accountant)     11 October 2015

Adding additional accused to the case

Sir, Is this possible to add / include additional party as accused once trail commenced in criminal cheating case? In this case, Complainanat filed PCR against 8 accused for cheating / forgery of signatures and court reffered the case to PS for investigation. During the pendency of investigation complainant gathered additional information about the case and came to know additional 2 persons also involved in the said case who were not named in the PCR/FIR. Inspite of informing to the PS in writing about these additional persons involvement  in the case PS did not consider my input/request. and now PS likely to submit negetive report to court. This stage, complaianat intendts to add these 2 persons as accused along with 8 accused who were named in the PCR/FIR during trail of the case. What steps/procedures to be followed.


 4 Replies

Laxmi Kant Joshi (Advocate )     11 October 2015

During the police investigation if complainant gathered the proof against other persons involved in the crime and submitted in the PS to add those persons as an accused as others in his fir police can add them, even during trial in the court magistrate can use his power and give order u/s 319 crpc to add other persons who seems to be accused in a certain case.

N.K.Assumi (Advocate)     11 October 2015

Yes, agree with the above expert. The court tak cognizance of the case not the offenders, and if in course of trial there appears material evidence to rope in other or additional person or persons as accused in the case the court can add them in the case. 


Yes I agree with the views of Mr.Joshi

Chethana (Accountant)     27 October 2015

Thanku for the clarifications sir

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