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io not filing charge sheet after fir registration


Pls. advice what should be done when IO is influenced and is not arresting anyone despite of Cognizable offence of Cheating Fraud, forgery  and is not filing Charge sheet after the FIR Registration (U/s 467 / 120B / 468 / 406 / 471 / 420 ) because of Crl. Writ in High Court.  Also, he has only Registered FIR against Names of Small Employees and Name of Company and deleted the named  Directors (Big Names of  the Biggest Stock Broking house of India ) who are the ultimate benefeciary of Fraud. 

Please suggest the course of action  so that :

1. The all the names of Accused including the Directors are added in FIR.

2. Accused should be arrested and Proper Investigation should happen as the Company can influence the enquiry at any and every stage.

3.  There is less deley in Process as My Civil matter of Recovery is also pending.

Regds

Sachin - M: 8802229962

 
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Practicing Advocate/Legal Consultant/Legal Process Outsourcing 08427414792

File a writ petition in the High Court seeking directions to the IO to proceed against the big fish and file his final report in the court. Binding directives by the HC shall make the IO mend his ways.

Alternatively, you may also a file an application u/s 319 Cr.P.C to summon and try those who have been given a clean chit by the IO.

 

Ashish Davessar


Advocate

Supreme Court of India

Punjab and Haryana High Court


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own practice as a criminal lawyer

little difrence with ashis  ji  319 crpc wil be used when police file final report/charge sheet  with remooving some accused, agreed with advice first.

 
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Practicing Advocate/Legal Consultant/Legal Process Outsourcing 08427414792

@ Rashid Ali- There is nothing to disagree over.  

I advised the querist to file an application u/s 319 Cr.P.C if the IO gives a clean chit to the big fish. It is natural that he has to wait till the evidence is on record. Unless the charge sheet is filed how would the court even ascertain who the IO intends to proceed against and whom he intends to leave out?


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own practice as a criminal lawyer

ashish ji sorry i did not want to hurt and question on your knowledge.

 
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