Legal Question in Criminal Law in India

5-6 days ago my uncle went to his neighbor to have a talk on a land issue that has been there between the two for a long time . instead of talking they attacked and assaulted my uncle with a hammer. He has been unconscious ever since. And when his younger went in to save him he too was hit by an axe on his chin and hand injuring him badly as well.

The FIR filed against their neighbor has been completely molded and filed under IPC SECTION--148, 149, 323, 324.

Is it possible for us to get IPC SECTION --302, 308, 307, 326 in the FIR .

Please tell me if we could go to a higher court or authority against this molded FIR.


Asked on 1/09/12, 8:34 am

2 Answers from Attorneys
Aniruddha Pawse Aniruddha.P.Pawse Advocates

yes you can

Read more
Answered on 1/10/12, 2:07 am
Shrichand Nahar S.V.Nahar, Advocate

You may.

However, in view of ratio of Sakiri Vasu laid by the Supreme Court, you may get necessary orders from the Magistrate concerned under section 156(3) Cr.P.C.

Read more
Answered on 5/25/12, 10:33 pm


Related Questions & Answers

More Criminal Law questions and answers in India