sachin (GM) 05 December 2012

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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4 Replies

Guest (Guest) 06 December 2012

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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Rashid Ali (own practice as a criminal lawyer) 06 December 2012

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.

Guest (Guest) 07 December 2012

@ 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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Rashid Ali (own practice as a criminal lawyer) 08 December 2012

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