Filing of charge sheet during restraining order of hc
498aVictim
(Querist) 31 August 2011
This query is : Resolved
If the H.C. prohibits Police to submit the Charge Sheet during the pendency of the case in HC and if Police files the Charge Sheet during pendency of the case, then:
1. Is the Charge Sheet legal or illegal?
2. If illegal, under which section of CrPC?
3. What should Lower Court do with such Charge Sheet? - Return it/Dismiss it/Take cognizance/?
Please help.
Thanks.
Advocate. Arunagiri
(Expert) 31 August 2011
HC may order only of stay of the further proceedings by police. If the case is stayed the police will not proceed further the court will not entertain charge sheet.
Contempt proceedings can be initiated on that Police officer I/O.
M/s. Y-not legal services
(Expert) 31 August 2011
Yes. Am agree with arunagiri sir. The contempt proceedings will be good one with this situation.
Devajyoti Barman
(Expert) 31 August 2011
ThiS type of order retraining the police to submit charge sheeT is quite strange and unheard of thing.
You must have misinterpreted the order of HC.
Sanjeev
(Expert) 01 September 2011
This is generally passed by Allahabad HC- copy of the order should have been filed with the concerned police station concerned and in that case it wont file chargesheet.
The court will also not proceed further even if chargesheet is filed.
Is the case referred for mediation by HC.The chargesheet is not illegal but the proceedings would remain stayed till HC disposes the writ.
498aVictim
(Querist) 01 September 2011
Hi,
Thanks all for your inputs and suggestions.
Yes, the Police was aware of the restraining order of the (Allahabad) HC and despite that they filed the charge sheet. It definitely attracts Contempt proceedings which I'll be filing in the HC.
The lower court, strangely, has not returned the Charge Sheet yet nor has stayed the proceedings. I plan to submit an application to request the lower Court for the same and for that I want to site some CrPC or related Judgment in the application. If anyone has any related Judgment in this matter, please share.
Thanks again.
Raj Kumar Makkad
(Expert) 01 September 2011
Law is nothing but a common sense. If High Court has even stayed the police to file charge-sheet, the court either should not have received it or if accepted, it should have stayed the proceeding till further orders of High Court.
You may also seek stay against the court in the same contempt petition proposed to be filed before HC.
Advocate. Arunagiri
(Expert) 01 September 2011
It seems the entire case is imaginary. Many times the imaginary cases, will not be logical one.
498aVictim
(Querist) 19 September 2011
Yes absolutely. The whole case is imaginary and false and that's why the complainant is trying all possible ways to harass in collusion with the police.
Thanks every one for your reply and guidance. The lower court has put the proceedings in abeyance till the matter is in HC.
