(Querist) 20 July 2009
This query is : Resolved
A person was arerested under S307 of IPC, presented in the lower court court granted judicial custody. Accused made an application for bail in sessions court. Sessions court made a bail order with a condition that the accused has to attend the police station every day. No specific order as to the attendence is upto filing of the charge sheet. Order executed by the lower court. Presently the chargesheet is filed in the lower court.
When Will the lowr court transfer the chargesheet to the sessions court?Is there any time limit? Does the accused have to follow any particular procedure for transfering the chargesheet from the lower court to the Sessions court?
Dear Ganesh, Since the court has passed an order to attend the police station every day without any provision to stop the attendance, to get the relief from this, the accused has to apply to the same court which has granted bail with genuine reason to release him from attending the police station. The lower court has no right to grant such relief. Now the next procedure is, 1. Prosecution will file the charge sheet in the lower court. 2. Lower court will give one copy of the charge sheet to the accused and transfer the case to the sessions court. 3. In the sessions court the judge will record the plea of the accused. (where the accused accepts the offences committed by him) 4. If the accused deny the charges against him the proceeding starts with recording of the evidence. 5. Before that the lawyer of the accused accepts some documents (Panchanama etc.) which he don’t want to challenge in the proceeding. 6. Thereafter examination in chief by the advocate for the prosecution and cross examination by the advocate for the accused. 7. Opportunity is also given to the accused to produce his witness or document. If the accused wishes to produce his witness his advocate will conduct examination in chief and advocate for prosecution will conduct cross examination. 8. Evidence close. 9. Statement under section 313 of Cr P C. 10. Arguments 11. Judgment For more details, read Cr. P. C. and criminal manual issued by HC of your state
(Expert) 20 July 2009
Dear Mr. Ganesh, Sec. 307 IPC is triable by Court of Sessions. So Kindly see the TRIAL BEFORE A COURT OF SESSIONS starts from Sec. 225 to 237 of Cr. P. C. You will better understand all the provisions.