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Vikram Kumar (None)     13 May 2011

Two separate trials should not be permitted

Hello Friends,

I am now faced with a problem. A person has allegedly commited forgery and CBI investigated the case. After investigation they filed a chargesheet u/s 471 IPC in the Court situated at Ghaziabad, U.P. Later on they further investigated and found that the accused had bribed the IO and also gave him some more forged documents to save him from criminal liability of the said case.  The CBI registered a fresh FIR. The IO of the said case was exonerated by CBI.  But now CBI filed the Chargesheet u/s 471 IPC in the Court situated in Delhi. I do not want that new FIR be quashed but i want that the New FIR be transfered to Ghaziabad case for trial.

My Point is:

1. When CBI is further investigating a case pertaining to the jurisdiction of Ghaziabad court and found some more evidence then they should have field the new chargesheet in the same court if it is to be constured as new offence; or

2. CBI should have filed a supplementary chargesheet u/s 173(8) Cr.PC in the same court.

3. When IO was exonerated in the new FIR and only accused is left. Then he is actually facing trial for forgery in the present case relating to the forgery in previous case.



Learning

 2 Replies


(Guest)

SIR,

YOU MAY FILE A WRIT PETITION TO THE HIGH COURT HAVEING AREA JURISDICTION AND MENTION ALL FACTS AND PRAY AS PER YOUR SUGGESTIONS FOR HEARING OF BOTH MATTERS AT THE COURT YOU DESIRE .YOUR PURPOSE WILL BE SERVED.GOOD LUCK.

1 Like

Vikram Kumar (None)     15 May 2011

sir,

Thank you very much for your advice.

But can you provide me with some judgments on those points that i have already mentioned.

And also on this point that supplementary chargesheet must be filed in the same court not elsewhere?


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