Chargesheet in 498a
Akash
(Querist) 23 September 2015
This query is : Resolved
Dear Experts,
I am in dire need of your suggestion with my case. Me and My Mother were hit by a 498A/323/324/506 and DP4 case in June 2014 and I was able to get AB from HC and got the formalities completed in PS where the complaint was filed. Now after a year CS was filed with no supporting evidence its just the statement of my Wife, her father, Uncle and brother. After my bail I was never contacted by the IO or anyone for investigation purpose. But when I check the current case status it shows the status to be "Consideration of Power" and DP4 was dropped. Here my advocate says we have to secure bail once again from the court where the case was initially filed under 156(3). Now my questions are-
1. How can I obtain a copy of CS.
2. What is "Consideration of Power" means.
3. Do I need to take a bail again from lower court where I have secured AB till case is disposed from HC.
4. What is the impact on the case when a section is dropped (DP4) during investigation. Having said that there was no investigation done in my case. As IO refused to record the statement of my witnesses or register the evidences in her investigation report during her visit.
5. As there is no restriction in the my bail order apart from making my self available during investigation by IO, what precaution should I take if I have to go out of station for various business reasons.
6. How can I get exemption from personal appearances for me and my mother as she is about 70 and the case is file in a different state.
Nadeem Qureshi
(Expert) 23 September 2015
Dear Aakash
My opinion on your queries are as under:
1. How can I obtain a copy of CS.
Opinion: It is your right to get the copy of CS along with all the documents, no need to worry, after considering the matter if the court take cognizance on CS then the court will issue summon to you and your mother and when you appear before the court on date of hearing then first of all the court will provide a copy of CS to you free of cost and same to your mother.
2. What is "Consideration of Power" means.
Opinion: It means court power to take cognizance on CS.
3. Do I need to take a bail again from lower court where I have secured AB till case is disposed from HC.
Opinion: No, but you have to deposit/submitted your surety before the trial court only.
4. What is the impact on the case when a section is dropped (DP4) during investigation. Having said that there was no investigation done in my case. As IO refused to record the statement of my witnesses or register the evidences in her investigation report during her visit.
Opinion: Argue the matter on charge and try to get discharge on this stage.
5. As there is no restriction in the my bail order apart from making my self available during investigation by IO, what precaution should I take if I have to go out of station for various business reasons.
Opinion: Nothing, if there is no condition imposed by Court then no need to take any precautions.
6. How can I get exemption from personal appearances for me and my mother as she is about 70 and the case is file in a different state.
Opinion: You may file an application u/s 205 of Cr.P.C for personal exemption.
Feel Free to call
Guest
(Expert) 23 September 2015
Rightly advised by Shri Nadeem Qureshi. But an intriguing question arises, when the case pertains to 15 months back (June 2014), have not you engaged any lawyer so far to defend your case and what is the opinion of your own lawyer on all your queries above?
Akash
(Querist) 23 September 2015
Thank you Experts for your Guidance.
Answering to Expert Dhingra's question - Yes I have engaged a lawyer. And he had informed me that as this was an Anticipatory bail and bail bond was served in PS and now CS has been filed I have to get another bail. Hence these questions came to my mind.
Secondly, He also said IO will not take your evidence during the investigation as they will try to extract some money. Which eventually happened. I wrote several letters with proper documents to state my part of the story and sent it through post with AD, however these were never considered. He also stated that it’s not mandatory for police or court to provide me a copy of CS. Is this true?
SAINATH DEVALLA
(Expert) 23 September 2015
It is the right of the accused to demand copy of the CS from Police.What was UR advocate doing at that time?
Guest
(Expert) 23 September 2015
Dear Akash,
Thanks for your updation. But you could well have discussed about the opinion of your lawyer along with your question.
However, your fresh question with his opinion, "He also stated that it’s not mandatory for police or court to provide me a copy of CS.. Is this true," brings some element of doubt in my mind whether you are really engrossed with such a problem or that is merely an academic exercise, which is tried to be solved by you through the help of experts. Edited version of your original query by making a mencion about your lawyer's opinion after my query also confirms about my doubt. Even on that you could better have asked him, with reference to which descriptive document he proposes to defend you in the absence of a copy of the CS.
You may also ask him, for whom it is mandatory to supply copy of the CS and why he has not obtained the copy of the CS for all these 15 months from whatever source thatis due.
