please clarify!!

Advocate.

Dear All,

                 In an Economic Offences Wing Case Police had registered a case u/s 156(3) after 8 years of occurence for unregistered chit and subsequently filed a charge sheet for the offences u/s 406,420 r/w 4,76 of Tamil Nadu Chits Registration Act 1978.The entire trial has been completed and the case is at the stage of Judgement.Further at the time of Cross Examination of the Investigation Officer a strong suggestion have been made to the effect that no such act namely Tamil Nadu Chits Registration Act 1978 have been enacted by the State Government of Tamil Nadu and further the I.O. admitted that too correct in the cross examiantion.

The Accused have been summoned for the offences u/s  406,420 r/w 4,76 of Tamil Nadu Chits Registration Act 1978,copies furnished,initial charge framed and also 313 Cr.P.C questioned for the same wrong charge itself by the Court.

Further the ADPP also admitted in the Arguments that the said Act have not been enacted and wrongly charged in the charge sheet.

Please clarify me whether the Court can alter the Charge u/s 216 Cr.P.C at this stage of judgement?

Provide me any citations regarding the above aspect..

Rds,

Adv.Shree

 
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advocate

Sir Sec 216 Cr.P.C itself is clear.

 
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advocate/counsel supreme court

No accused can be taken for granted, police cannot arrest under any act unless they follow sec 41A of the cr p  c. magestrates are biound to go by procedure not just by sections of any act or a statute.

 
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