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How to make witness persons as an accused


04-May-2024 (In Criminal Law)
My brother sold 20 shops illegally owned by my father in 2003. I filed an criminal case against him u/s 420, 506, 465, 467, 468, 471 - U/s 156/3 in 2007. The I.O made my brother and his wife as an accused but made the remaining shop purchasers as witnesses through they have also purchased shops from my brother illegally and should have been named as an accused. Cross of PW1 is in progress. How to make the witnesses as accused. The Police refuses to entertain my fresh complaint.
Answers (2)

Answer #1
735 votes
No need to approach police for this. The Magistrate has the power to add Accused in an ongoing case. Let the evidence/cross exam of PW-1 get over, thereafter you may move application to add accused in your case. This may only get accepted if there is any evidence of PW-1 supporting that such witnesses are involved in the conspiracy.
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Advocate Shreyas Jain

Adv. Shreyas Jain

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Answer #2
792 votes
Well, you can lodge a Protest Petition against the Chargesheet filed by the concerned Police and can request the Court to add Witnesses as Accused parties too, which has not been done by the Police yet, thus shielding them from the clutches of law, despite providing enough evidences from your end, that, they too have purchased the shops from your brother illegally.
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Advocate Pankaj Bajaj

Adv. Pankaj Bajaj

LawRatoMumbai | 1000+ Answers
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