S Murugesan (lawyer) 16 October 2018

Case against defacto complainant.

Dear friends and Sr. Advocates,

In 306, 304B case, we feel that the accused should/could be the de facto complainant.

Is this possible that we can file a case against or can we ask the sessions judge/pp to include them in accused list to render the justice ?

If yes, in which section / provisions we do this.

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6 Replies

Vijay Raj Mahajan (Advocate) 16 October 2018

If evidence exists against the complainant for the offences under section 306, 304B, IPC, definitely the court will order for proceeding against them, move application and submit evidence relied on for such charges against the complainant in the trial court.

Vinit Nair 16 October 2018

you will have to move an application u/s 319 of Cr.PC to arraign other persons as accused, you must have material evidence which should prove that the other persons/Original Complainant were involved in the offence.

S Murugesan (lawyer) 16 October 2018

Thank you Vijay Raj and Vinit Nair sir.

S Murugesan (lawyer) 16 October 2018

Additional query: In which stage we can submit this petition u/s 319 along with necessary evidance ? Is this possible after chief / LW is in progress ?