The magistrate has to admit the chargesheet under further investigation i.e. 173(8) crpc. He cannot deny the same.
On chargesheet
Fir was filed in 2021 and IO submitted chargesheet in 2022 as xyz. And without considering evidence given to io many section was inposed.in this I approached to many officers and ssp with my evidence. After considering the true evidence ssp issued letter for re investigation and io was assigned. This re investigation was named as (aggrate विवेचन). Io has given letter in court to provide case डायरी and started his work. After full investigation from both the parties submitted chargesheet as xyz/1. Now judge is not taking receiving chargesheet as he is saying I have discussed many and don't what and how to receive this. When I am going for regular bail he is saying he will act on old chargesheet. Not able to understand how to move further and whome to approach. He is saying I am also not acting on old chargesheet as well then why you are worried.
Asked 2 years ago in Criminal Law
Religion: Hindu
10 Answers
All chargesheet are in lower court
Asked 2 years ago
SC has held police could not make radical changes in crux of charge sheet by filing additional charge sheet after conducting probe
under section 173 of cr pc further investigation is possible but not reinvestigation
On discovery of new evidence police can file additional charge sheet
SC has held police could not make radical changes in crux of charge sheet by filing additional charge sheet after conducting probe
under section 173 of cr pc further investigation is possible but not reinvestigation
On discovery of new evidence police can file additional charge sheet
Draw attention of court to SC judgment
Your advocate can ask the court to dismiss the bail application after which he can approach the higher court or even the high court with a fresh application for bail.
The judge may not entertain the additional charge sheet, but the court cannot return the bail application without any decision.
Therefore the next option is to approach the higher court with a similar application
Therefore the next option is to approach the higher court with a similar application
After having submitted charge sheet under Section 173 (2) to a Magistrate empowered to take cognizance of offence, nothing prevents office in charge of police station from further investigation of offence and obtaining further evidence. IO has full power to forward such report Magistrate and he is bound to take cognizance of the subsequent report. This is under sub-Section (8). You can bring this to the notice of Magistrate or you can also approach High Court invoking inherent power under Section 482.
There is no such thing as a new charge sheet. It can be called as a supplementary charge sheet. File a petition in the High court for quashing of the charge sheet and bail application.
a petition for quashing of the first charge sheet will have to be filed in the HC. We will have to approach the HC and file a petition under section 482 and then the HC will direct the lower court for appropriate action.
Regards
Let me know if I can be of some help
Dear client I am sorry to hear that but in this case you can find an application before the respective quote and see appropriate remedy
