u/s 244 cr.p.c.

D S DOCTOR (Querist) 04 January 2011 This query is : Resolved
Documents/evidence place by prosecutor before sp-judge u/s 244 of cr.p.c. can trated as chargesheet?

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Guest (Expert) 04 January 2011
NO. the documents and evidences are only supporting evidences to the charge and the contents in charge sheet.

Amit Minocha (Expert) 04 January 2011
Documents / evidence placed on records are different from Charge Sheet, they may support the Charge Sheet but they cannot substitute the charge Sheet.

Section 244

(1) When, in any warrant-case instituted other wise than on a police report the accused appears or is brought before a Magistrate, the Magistrate shall proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution.

(2) The Magistrate may, on the application of the prosecution, issue a summon to any of its witnesses directing him to attend or to produce any document or other thing.

Ajay Bansal (Expert) 05 January 2011
I have already given a reply recently on this issue.

Kirti Kar Tripathi (Expert) 05 January 2011
Yes, the documents/evidence placed by prosecutor can not be treated as charge sheet but are only materials in support of Charge Sheet.

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