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Mahadev   07 June 2016

Chargesheetfiled_6months_courtstillnotsummon

Respected Lawyers/Members,

I have a query. In my case ( 498A and Sec.4 DP Act ) Chargesheet has been submitted more than 6 mths back based on my Lawyer and a date was also given for appearance in court. Just 15 days before the date , lawyer says Court has still not decided whether Cognizance should be taken hence you needn't come now . If it's the case :

a) How was the first date was given by court ? Currently lawyer says there is no date but the earlier date was also given by him.

b) Summons till date not received. Lawyer says since you stay out of local jurisdiction, you will not receive summons . Is this true ?

c)  I have been asking for a chargesheet copy but it is not being provided by him since last 6 months. What could be the reason?

d) What is the rule and how many years can Court NOT summon me without taking Cognizance after Chargesheet has been filed in court.

e) How can i get a copy of chargesheet and whether i can pray in Highcourt saying lower court is not moving on my matter and pray for supplying chargesheet copy and moving my matter speedily. Any petition can i file ?

f) Along with Chargesheet and prosecution Witness statements, what else i should get from court if i apply for certified copy of chargesheet.Can you please list so that i dont miss out anything.

I am really frustrated and puzzled what is going on behind my back . Please help.



Learning

 1 Replies

Vakalath (Vakeel No. 1)     07 June 2016

Instead of all this, concentrate on mediation, settlement.

If you have taken dowry, then give it back, ask them to take the case back.  If not, file a case on them stating that they wanted to give you dowry/gave you dowry, as giving dowry is also a crime.  So file such case immediately with help of local lawyer.

 

 


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