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Can court summons to unknown person who is accused as per FIR
07-Apr-2023 (In Criminal Law)
U/s CrPc 319 can court summons to the person who is unknown as per FIR and police did not investigated him and also not mentioned him in chargesheet
Well, the Police cannot send Summons to a Person not named in the FIR without doing investigation first which becomes possible after Registration of FIR either by the Police on own or on the orders of a JMFC.
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Adv. Pankaj Bajaj
Mumbai | 500+ Answers
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What happens to the case if chargesheet is not filed?
In accordance with section 167, the Criminal Procedure Code (CrPC), if an investigating agency does not file a charge within 60 days of the date of remand, the accused is entitled to default bail. The stipulated period may be extended to 90 days for certain categories of crimes. 26-Apr-2023
How do I quash my name from FIR?
High Court can rescind the FIR at any time if there is a compromise. Both the complainant and the accused may agree to a compromise. Both parties can submit a joint petition for the quashing of FIR under Section 482 CPC.
Can police remove name from charge sheet?
If there are no specific charges against you, the police may remove your name from the charge sheet. You can either file for discharge, or you can approach the high court to have it thrown out based on available material.
What happens if my name is in FIR?
Police can only conduct an investigation if a FIR has been filed. After investigation, if the Investigation Officer (I.O. If the Investigation Officer (I.O.)
A person not named in the FIR or a person though named in the FIR but has not been charge-sheeted can be summoned under Section 319 Cr.P.C. provided from the evidence it appears that such person can be tried along with the accused already facing trial.
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Adv. Rahul Mishra
Mumbai | 200+ Answers
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