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aatma   11 January 2010

What is the next for non-charged innocents

In a 498a case after investigation police dropped two falsely accused names from the FIR in the chargesheet.

What shoud these two persons to do further to relieve their bail suriety bonds from the case and  what is the next step they should take to completely remove their name from the case and proceedings?

How they will legally get confirmed that they are completely out from the case?

Charge sheet filed in Magistrate Court.



 3 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     11 January 2010

If no charge-sheet has been filed against them then they can treat themselves exenorated from all charges but on the basis of record on the file, they can again also called and joined in the case as an accused on the application of the prosecution. Generally it can happen during the evidence of the prosecution witnesses.

1 Like

shrikant chede (law officer)     11 January 2010

i do agree with Mr makkad

ramprasad reddy. pottipati (Lawyer)     13 January 2010

Filing of chargesheet in Magistrate court by deleting two of the accused from the array of the accused list. After filing of the chargesheet the magistrate has to apply his mind wherher the investigating agency rightly deleted the accused or not?  Even the court can take the cognizance deleted accused also provided the court has to satisfy that the available material is sufficienct to proceed with the case. The court should not accept the chargesheet filed by the police. It has to go through the entire case records. Cognizance is more important.

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