Deepthisudan (housewife) 01 January 2015

Charge sheet

Respectable Members,

Kindly help me for the following query:

Under the direction from JM Court on the Complaint filed under Sec.200 Cr.C.P., the Police have filed the FIR u/s. 120(B), 406,417,420,468,469,506(i) against 2 accused persons based on the documents obtained through RTI Act-2005. The accused are on AB now. Subsequently, Police have filed Final Charge Sheet in the JM Court with a list of Witness (5 Nos) & Witness's Statement (without signature of the 5 Witnesses) but without the following important documents:

1. Copy of the authenticated (forgery) documents collected through RTI Act, which have been forwarded to Police by the JM Court along with the Complaint filed u/s.200 Cr.C.P.

2.Verification/Confirmation Report of the documents that have been collected from the Public Information Officer under RTI Act.

3.Verification Report of the signature that appeared in the forged document with the signature of the complainant who has filed the case

The Case is posted for hearing (First hearing) in Feb. 2015.

Please let me know the following:

1.Whether the Charge Sheet filed by the Police without the above 3 important documents is in order for the first hearing?

2. If it is not in order, what is to be done for including the same for the first hearing?

3. What is the procedure for the complainant to get copy of the Anticipatory Bail documents of the accused?

Regards,

Deepthisudan.

Reply Follow

5 Replies

adv.raghavan (Advocate,9444674980) 03 January 2015

Now you have become Defacto complainant, it is the duty of state to take over the case and prove the same, you can assist them in case of any situation arises.

Experts are divided over using ,information sought through RTI,as evidence in court cases, clarity is yet to come on the same.

You can ask your advocate to get copy of the same from concerned court.

1 Like

T. Kalaiselvan, Advocate (Advocate) 04 January 2015

Since the police have filed the case, as a defacto complainant you cannot instruct the state or APP to conduct the case as per your desire, they will take care of it. If you find any dereliction, you may wait for the development and file a petition after the same is confirmed.

1 Like

Deepthisudan (housewife) 20 August 2015

Deepthisudan (housewife) 20 August 2015

Originally posted by : T. Kalaiselvan, Advocate
	Since the police have filed the case, as a defacto complainant you cannot instruct the state or APP to conduct the case as per your desire, they will take care of it. If you find any dereliction, you may wait for the development and file a petition after the same is confirmed.

Dear Mr.Kalaiselvan,

I agree with you on the limitations of the defacto complainant. Hon'ble Magistrate has to take cognizence first for further proceedng . In the absence of any documents/evidenses in the Charge Sheet & Final Report to prove commissioin of offence by the accused, how the Hon'ble Magistrate can take cognizence? I remember to have read in this Fourm " No Cognizence- No Trial" somethng like that. Under this condition, whether to move Protest Petition with Prayer for reinvestigatioin u/s.173(8) or to move an Applicaton for proper investigaton u/s.156(3) in the same Trial Court? Kindly advise me under which section (ie. u/s. 173(8) or u/s.156(3)) it is adviseable to proceed with?

Thanks in advance.

Deepthisudan