Law Point 08 September 2020

Who can apply under Section 319 CRPC, 1973?

A FIR is filed but the real accused purposefully not included in FIR and chargesheet. There is bar to file new FIR or complaint on same set of actions then can informant approach directly to court when public prosecutor denies to apply under Section 319 CRPC to the Magistrate?

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2 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 08 September 2020

1. IF you are the complainant or informer or the interested party and the Police /PP does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet, against the purported Accused.

2. You also file an "Intervene Application" in the matter and submit relevant documentary evidences about the involvement of non-mentioned Accused and request court to direct Police /PP to implead the Accused.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

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Law Point 08 September 2020

@Hemant Agarwal... thank you for your gracious reply and will notify as I take further steps accordingly...