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Address of the accused in fir and charge sheet different
12-Jun-2023 (In Criminal Law)
A1 is the main accused in a cheating case.there are 6 other accused persons .according to fir A1 belongs to Andhra but in charge sheet A1 belongs to Kerala.A1 is absconding from date of alleged offence.in the trial no evidence is produced by prosecution to show that the person mentioned in the fir and charge sheet is the same.polce has also not submitted any report regarding the difference.identity of the main accused is not proved in trial.in that case how will it affect the conspiracy charge that A1colluded with the other accused.who is the real accused man in fir or in charge sheet.with out confirming this how will 120b stand
Real accused must be as per Final Charge. As per CrPC , police can add or delete name of the accused as per their investigation.
Details of FIR may be wrong but wrong entry in charge will helps to accused .
Details of FIR may be wrong but wrong entry in charge will helps to accused .
Helpful?
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Hi there,
To answer to your queries a look at the documents are highly necessary. U r saying that a1 is from andhra but adress is shown wrong. That will not affect the prosecution. Bcz they can furnish the correct details later and proceed. If he is not appearing then case against him will b split up and trial will b conducted with respect to the others. So pls provide the docs that i can give u a proper advice
To answer to your queries a look at the documents are highly necessary. U r saying that a1 is from andhra but adress is shown wrong. That will not affect the prosecution. Bcz they can furnish the correct details later and proceed. If he is not appearing then case against him will b split up and trial will b conducted with respect to the others. So pls provide the docs that i can give u a proper advice
Helpful?
50+
50+
Adv. K. Sudhinkumar
Ernakulam | 25+ Answers
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Hi,
In this case, you are having a vital point to mark the contradict of the prosecution case. You can file a discharge petition in the court to discharge your case. If it is not decided in your favour, you can approach the Honble High Court to Quash the charge sheet and your case.
PT Sheejish,
Advocate,
Ernakulam
In this case, you are having a vital point to mark the contradict of the prosecution case. You can file a discharge petition in the court to discharge your case. If it is not decided in your favour, you can approach the Honble High Court to Quash the charge sheet and your case.
PT Sheejish,
Advocate,
Ernakulam
Helpful?
45+
45+
Adv. Sheejish P T
Ernakulam | 100+ Answers
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