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AJAY KUMAR RANADHEER   17 October 2021

Changing witness by sho

Respected sir / madam,  I have a doubt when SHO submits final charge sheet before magistrate does he has any right to change witness in final charge sheet 

For example : I had seen in my friends case there is a civil dispute between the both parties and it turns in to criminal case  the SHO  Wantedly changed the Lw3 to Lw5  and  He has  put the family members of accused is there any remidies regarding this matter 

 8 Replies

Dr J C Vashista (Lawyer)     18 October 2021

The Investigating Officer has to record statements of witnesses as per his / her inquiry proceeding.

Raj Kumar Makkad   18 October 2021

Investigating officer has every right to record the statement of all those witnesses who in his eyes are relevant to [rove the case under section 161 of Criminal Procedure Code, may those are not relevant for one or either of the disputing parties. 

M V Gupta (Advocate)     18 October 2021

SHO has every right to change the witnesses in the final charge sheet. While doing so, if the SHO has not followed the procedure of recording their statements as part of the investigation,  the defense may take advantage of the same.

Pradipta Nath (Advocate)     18 October 2021

The IO has only power to investigate and the officer incharge can only send the Report to the Magistrate. Technically speaking the SHO do not have any power to change the witness as was provided by the IO, the power is imited only to sending the report to the Magistrate. Are you for the accused or defence? 

1 Like

AJAY KUMAR RANADHEER   18 October 2021

sir but the SHO recorded the statements of accused family members in trial they give their statement in favour of accused is there any remedies regarding this

Pradipta Nath (Advocate)     18 October 2021

Need to go in details of the case.

1 Like

P. Venu (Advocate)     18 October 2021

You have posted riddle than a query.  How is that a civil case has turned into a criminal case? To my knowledge, this a scenerio unknown to Law and its procedure?

Dr J C Vashista (Lawyer)     19 October 2021

Presumably it is an examination hall question paper without any head and tail of facts of the case.

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