Legal Question in Criminal Law in India

If there are 5 persons as accused in 498a FIR, Can police add more names in chargesheet if wife's party insists to falsely implicate more relatives who doesn't share domestic relationship with us? Just want to know, can she get more names added in chargesheet even after filing of 498a FIR?


Asked on 2/27/12, 6:22 am

6 Answers from Attorneys

Before submission of chargesheet police can add relatives but the accused persons can go for quashing in high court and for more clarification u can call m

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Answered on 2/27/12, 7:34 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

The Supreme Court has deprecated the tendency to rope in other relatives of the husband in 498-A cases. For including a person as an accused, there has to be very specific instances and allegations with at least prima facie evidence of causing 'cruelty'. mere 'wishes' of the complainant may not be sufficient to include more relatives in a criminal case of cruelty u/s 498-A IPC.

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Answered on 2/28/12, 9:08 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

in case the named accused persons are not living in a domestic relationship with the complainant, the quashing can be done vis a vis those accused persons. however, you may see a lawyer in person for better understanding of your case and for aggressively defending you all.

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Answered on 2/29/12, 6:57 am

Though police can rope any number of people but usually they cannot rope the relatives who are having distant relation with you. even your married sisters or other persons cannot be included if they are residing in other city.

Good luck

Regards

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Answered on 3/02/12, 6:32 am
Shrichand Nahar S.V.Nahar, Advocate

Police have power to add more persons as accused, if disclosed by investigation.

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Answered on 7/03/12, 3:41 am


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