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Discussion > Criminal Law > Dowry > what is charge sheet   Unanswered Threads Post New Topic

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There are 24 Replies to this message


srinivas


Accountant
[ Scorecard : 94]
Posted On 24 August 2009 at 20:50 Report Abuse

Dear sirs,

Kindly tell me about charge sheet?

what is charge sheet?

can we add anymore person names in accused list after charge sheet was filled by police

it is recorded voice, or written statement?

where it to be prepared ? in police or infront of Judge in court

Kindly reply.

 

Thanking You

N.Srenivasarao

 

 

 



K.C.Suresh


Advocate
[ Scorecard : 8188]
Posted On 25 August 2009 at 06:10 Report Abuse

Hallo sir, The charge sheet is called final report U/s 173 Cr.P.C. It is prepared by police after investigation and submitted to Court having jurisdiction. it can be altered by the court before framing the court charge. The court can add any person as accuse U/s 319 Cr.P.C.



Total thanks : 1 times

Sarvesh Kumar Sharma Advocate


Advocacy
[ Scorecard : 13941]
Posted On 25 August 2009 at 08:21 Report Abuse

the openiun of mr. k.c.suresh is right but words (FINAL REPORT) is wrong it is 169cr.p.c.

srinivas,

a chargesheet become after  investigation of any fir and investigation officer find that ofeence is made out.

d provision give in u/s-173 cr.p.c.

it has a specific performa-1-name of parties

2-type of information

3-name of d person who known of dt matter

4-ofeence (breif discription)

5-positon of accused (4 d matter of arresting)

6-if accused bail-out by d police (discribe)

7-or accused is in jail.

it is a breif of a chargesheet.

it depend on i.o. that in which type of evidence he collect oral or documentory.

pripration of a c.s. is a part of police.

yes there is specific provision u/s -319 cr.pc.to add anymore person in d case.

 



Total thanks : 1 times

Dharmesh Manjeshwar


Advocate/Lawyer
[ Scorecard : 830]
Posted On 25 August 2009 at 12:06 Report Abuse

Once an FIR is filed at police station by a Complainant, if the offence is a cognizable offence, the persons named in the FIR are arrested and brought before the Court .... the Accused may or may not be released on Bil by the Court depending upon the seriousness of the contents of the complaint, facts & circumstances, etc ...... the police investigate in the said matter by recording statement of witnesses, opinions of experts if required in cases of heinous crimes like murder, rape, etc ( such as doctors, fingerprint experts, forensic labs reports, etc ), spot panchnama ( the report of police of the spot where the crime occurred ), blood sample report of the Accused and/or the victim, report on the weapons used for the offence & recovery of the same or not, etc

To say in short the case made out by the police against an Accused is termed as a Charge Sheet which consists of the FIR, statement of witnesses, written opinions of experts, spot panchnama & various reports as mentioned above. An accused has to put forward his defence at the time of trial & disprove the contents of the Charge Sheet ... which if disproved will result in his Acquittal from the case before the concerned trial court.



Total thanks : 1 times

srinivas


Accountant
[ Scorecard : 94]
Posted On 25 August 2009 at 14:51 Report Abuse

Thanking You for your valuable reply.

 


ramprasad reddy. pottipati


Lawyer
[ Scorecard : 79]
Posted On 25 August 2009 at 17:35 Report Abuse

Sir,

Chargesheet is a collection of facts after recording the statements by the police of the witnesses under part II G.D or 161 Cr.P.C and other material available during the course of investigation and finally the police will lay chargesheet and if there will be material available if the police satisfies even the police can file additional chargesheet under section 173(8) Cr.P.C or add the accused under sec 319Cr.P.C only during the trial.


Shree.


Advocate.
[ Scorecard : 5294]
Posted On 26 August 2009 at 19:44 Report Abuse

Dear Srinivas,

When a Police officer gives a Police report under section 173 Cr.P.C. recommending prosecution, it is called a charge sheet. After questioning the accused and hearing the arguments, the magistrate frames charges on the accused for which he is tried. “

Here is a definition from a case (K.VEERASWAMI vs UNION OF INDIA (1991) 3 SCC 655)

“The investigating officer collects material from all sides and prepares a report, which he files in the court as charge-sheet. The charge-sheet is nothing but a final report of police officer under Section 173(2) of the Cr.P.C. The statutory requirement of the report under Section 173(2) would be complied with of the various details prescribed therein are included in the report. This report is intimation to the magistrate that upon investigation into a cognizable offence the Investigation Officer has been able to procure sufficient evidence for the court to inquire into the offence and the necessary information is being sent to the court. In fact, the report under Section 173(2), purports to be an opinion of the Investigating Officer that as far as he is concerned he has been able to procure sufficient material for the trial of the accused by the Court. The report is complete if it is accompanied with all the documents and statements of witnesses required by Section 175(5). Nothing more need be stated in the report of the Investigating Officer. It is also not necessary that all the details of the offence must be stated. The details of the offence are required to be proved to bring home the guilt to the accused at a later stage i.e. in the course of the trial of the case by adducing acceptable evidence.“




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tobelawyersoon


Designation
[ Scorecard : 27]
Posted On 25 July 2010 at 19:05 Report Abuse

Dear Shree,

If the Police report u/s 173 CrPC does not mention commission of any offence and does not mention any charges but only says in the Report that  "Hon'ble Court may kindly call the witnesses as per witness list annexed with the report and close the case" . Can this be treated as Cancellation Report for closing the case or is it still a chargesheet?

Please advice me.

Regards,

 


Viswanath


Student
[ Scorecard : 173]
Posted On 30 September 2010 at 18:10 Report Abuse

If a charge sheet is filed without any prima facie material, what is the remedy? Under what provision of law is such evidence made mandatory? 


Member (Account Deleted)


Law Student
[ Scorecard : 607]
Posted On 07 October 2010 at 00:07 Report Abuse

mr shree. has given a vry clear explanation on charge-sheet.


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