Legal Question in Criminal Law in India
An accused in a case of 2012 u/s 138 N I Act which is still stage of cross examination of complainant , filed an application to dismiss the case only on the ground that a General Index in the prescribed form (F. IV) under rule 27 of The General Rules (Criminal), 1980 is not available in file.
27. General Index. - Upon institution of a case, a General Index in the prescribed form (F. IV) shall be opened. In it shall be entered a note of every paper or document along with the date of its presentation, in the order in which they were brought on record.
Please guide to complainant what to do to save the complaint as there is no General Index in the prescribed form (F. IV) on record/in file.
1 Answer from Attorneys
it is not the ground for dismissal.
At the most the court can grant time to correct the discrepancies.
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