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One of the Accused in 156(3) complaint, deliberately ommitted in FIR.
25-Apr-2024 (In Criminal Law)
Hello Experts,
I have a case wherein investigation was directed u/s156(3) crpc against 3 accused i.e., A, B, C. IO registered erroneous FIR by wrongly naming the accused. Name of Accused in FIR was recorded as *Accused 1* - A, *Accused 2* - B & Anr. complainant objected to the FIR but, IO suggested that he has power to include names in investigation report. Now B Summary is filed and it shows only 2 accused.
Now should the victim proceed u/s 482 Crpc for reinvestigation or file protest petition?
Well, Both the options are available in front of you, i.e, either to file a Protest Petition or to file a Petition under Sec 482 of the CRPC, i.e, to invoke inherent powers of the High Court to seek orders for opening up of case again to seek reinvestigation, which option is best cak be suggested to you after going through the FIR, Chargesheet and Interim and final orders passed by the concerned Criminal Courts in your case.
Helpful?
Adv. Pankaj Bajaj
Mumbai | 500+ Answers
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