Is it possible to frame Additional Charges 240 crpc by a Judge
19-Jul-2023 (In Family Law)
In matrimonial dispute, chargesheet has been filed where alleged 377 was dropped due to negative medical and lack of evidence. Now, we have filed for discharge u/s 239 for 498a but OP adds application u/s 240 requesting to add 377 again on the basis of her statement u/s 164 as evidence. Can judge add it again on mere verbal affidavit?
the investigation can be reopened and a supplementary charge-sheet can be submitted only on the basis of such materials which could not come to the knowledge of the Investigating Officer during investigation and not as a routine affair . A subsequent charge sheet could not be submitted without further investigation by the police and without obtaining further evidence against the petitioners . Police has a right to further investigate when fresh information comes to light
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