Rahul Soi 21 October 2017

Addition of section in FIR

respected members..
Complainant has been tortured by the In-laws family. moreover the father-in-law has beaten the girl very brutely torn off her clothes...the police has filed an FIR againts the accused U/s - 498A , 406 & 34 IPC
the complainant want that chrges u/s 354 IPC should also be added the police officials refused to do the same as they are bribed by the complainant. is there any other alternative to add the charger before the begning of trial..other than through an application u/s 216 CrPC.

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6 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 21 October 2017

file a protest petition before the magistrate court against the FIR's section but the torn off her cloths should be mention in her first complaint or FIR.

Rahul Soi 21 October 2017

the same has been mentioned in the FIR...moreover the Fther-in-law has also hold the wrist of the complainant in a lustful manner

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 21 October 2017

Filing protest petition is only the option now before the magistrte. The court issue notice to IO and call the status report hence the new sections can be added in charge sheet. Or file a writ petition before high court or supreme court for the same and against the police who is duty bound to registered the FIR as per complaint.

manoj 21 October 2017

There is a distinct between the report of the initial stage to add the sections. The investigation officer is the master of the investigation. Under the CrPC provisions till the charge sheet is filed and the charge is framed there is no requirement of hearing or giving an opportunity of hearing to the accused persons. Till then, it is the statutory right of the I.O. to investigate the case and investigating officer is the Master of investigation. Under the above circumstances and on observation of CrPC by adding the sections in the Fir and passing the order by the learned Magistrate no prejudice will be caused to the accused.

manoj

advocate

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Naishadh Vyas (Lawyer) 22 October 2017

Fill as many petition as needed but do carry all proffs as on day of hearing court will ask all proofs of tearing of clothes and holding had with lustful intentions.