Regarding chargesheet procedure please help
manish rama
(Querist) 05 January 2013
This query is : Resolved
Dear all,
I have been falsely implicated along with my family members for a property case.the sections police filed on me are section 420,465,467,468 and 120 b.
I got my anticipatory bail and did not go to jail , as I am an nri I also got amendment to travel outside country.
My query is police is not submitting chargesheet from the last 6 months.
A few lawyers I inquired told me don't go in front of the police , they will ask u to sign the chargesheet , so it's better to avoid seeing the police.
What should I do please help?
Do I have to be present to take chargesheet from police or will I get summon from court?
Kiran Kumar
(Expert) 05 January 2013
keep your cool and you need not to rush for the challan/ charge sheet to be presented by the police before the court.
simply keep on complying with the conditions of the bail order.
you will be provided with the copy of the challan/ charge sheet free of cost by the court.
Raj Kumar Makkad
(Expert) 05 January 2013
After completion of the due enquiry, the Investigating Officer shall put his charge-sheet before the police and you shall be given due notice for that day to appear before the trial court so don't show your eagerness for that purpose.
M V Gupta
(Expert) 05 January 2013
I agree with the experts' opinions.
manish rama
(Querist) 06 January 2013
Dear Experts , thank you all for your valuable opinions. Appreciate your solutions.
I am still a little bit concerned, since I am an NRI and outside India at the moment, how would the police send me a notice outside India?
All my family members live abroad as well and I would not have any one in India.
Also is it true I have to sign the copy of the charge sheet in the police station before it is presented in the trial court?
Awaiting your positive responses.
Regards
Raj Kumar Makkad
(Expert) 06 January 2013
Police can send the notice through Indian embassy of that country wherein you are living and you need not to sign in the police station prior to the presentation of the charge-sheet by the police before the court.
Rajinder KumarAhuja9990725300
(Expert) 09 January 2013
Have arrangements for someone to stand surety for you in case of need at the place (city) complaint has been filed. That will suffice.Don't worry.
manish rama
(Querist) 10 January 2013
Dear Members Thank You Again for all your Inputs.
Dear Mr Raj if its not too much to ask, kindly can you elaborate, What exactly is with signing the chargesheet it prior to submitting at the metropolitian magistrates office? Is there any such rule?
Dear Mr Rajinder I have already received my Anticipatory bail , after which I did an amendement to travel outside country since I am an NRI, the amendement included me to provide cash surety which I have already done 6 months back at the police station and also kept my property papers as surety at the metropolotian magistrate office as per Bail orders.My bail order has no time limit or conditions when the bail expires.. Would I still have to take another Bail once the chargesheet is submitted in MM court ???
manish rama
(Querist) 10 January 2013
Dear Mr Raj , the only reason I ask about signing the chargesheet, is just in case if I travel to india ( Bombay ) , I don't want to end up in a mess and unaware of what am I doing.
My lawyer had advised, that if I am in india, the police can ask me to sign the chargesheet , in order to expedite the process and move the chargesheet at MM court
Raj Kumar Makkad
(Expert) 10 January 2013
It shall be better to follow the advice of your lawyer as he is in bettr osition than us as he is having the entire record of the case with him.
manish rama
(Querist) 10 January 2013
Thank You for your prompt reply Mr Raj. Appreciate your help.
Kindly if you can tell me if its true , that a charge sheet needs to be signed by the accused prior to submitting in MM court?
Raj Kumar Makkad
(Expert) 10 January 2013
I have already advised you that there is no legal requirement to get signature of the accused on charge-sheet prior to its submission before court.
Raj Kumar Makkad
(Expert) 10 January 2013
I have already advised you that there is no legal requirement to get signature of the accused on charge-sheet prior to its submission before court.
Rajinder KumarAhuja9990725300
(Expert) 10 January 2013
The next step is that there will be a process from court.The process will be for appearing before the court on a fixed date and time of appearance.Your signatures on charge to be presented by the police before the court are not required.The observation regarding surety is not obligatory.But to meet any contingency of arrest even after cancellation of anticipatory bail.
