Legal Question in Criminal Law in India
can an I.O. may discharged an accused amongst others who have no evidence of the alleged offence prior to submission of Cr.p.c. 173 report.
6 Answers from Attorneys
The Investigation officer may exclude an accused from the list of accused persons in the final report to be filed in the court under Section 173 Cr P. C. However, it for the court to accept or not to accept that report; moreover, the court may summon any person as an accused under Section 319 Cr P. C if there is evidence indicating his involvement in the offence.
I.O. may - Refer section 169 Cr.P.C.
However, opinion or report of I.O. is not binding on the Court and the Court may come to different conclusion.
the power of discharge does not lie with an IO. he can only omit to include the alleged accused in the charge sheet.
i agree with adv Gupta & Adv Goel
I too agree...
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