Tanjore K Sundararaman (On Contract service) 06 June 2013

Charge sheet filing

Hi,

I am a retired PSU Banker. In the year 1995, one of the borrower customer availed facilities and committed a fraud by siphoning of the bank funds. The Bank filed an FIR in the year 2001 in which along with fradulent borrowers, my name also was included as accused. Luckily, the moment the investigation commenced the investigating officer ( I O) was able to extract all details of the fraud commited by the supplier in collusion with the borrower and supplier was arrested. I was also summoned by the I O and questioned in great detail for two days continuously. This made him aware of certain uncollected documents relating to the case. which he immediately got from Bank during investigation time itself. At the end of 2 days, I was informed by the I O to leave his office and he also informed me that he was convinced that I had no role in the fraud. Nothing was given in writing. This happened in mid 2002. Sections referred in FIR were 120B, 409,465, 420, 467, 468 and 471 under P C act, 1998.

Thereafter I have not heared anything in the matter either from the I O or the court till date. I am not even aware whether any charge sheeet was filed and the parties charged.

One of my ex-colleugue could only inform me that trial proceedings are on without any detail.

Can someone advise me whether charge sheet could have been filed even without my knowledge, as I was included in FIR and the I O is required to inform in writing that I am not a party to the case. Is it also possible that charge sheet can be filed even now after 11 years post investigation proceedings.

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5 Replies

Advocate Deepak Gupta (Lawyer) 06 June 2013

Yes police file chargesheet without informing you . FIR is intial informantion about crime and chargesheet is collection of evidence by police which relate person with crime , if any name in FIR and during investigation police did not find any evidence to against FIR named person , police delete the name of that person , and no need to inform that person . Yes chargesheet may be filed after 11 years . If chargesheet filed in Court , go for certified copy of chargesheet .

Sonia Dhamija (Advocate) 06 June 2013

It is possible to file the charge sheet without informing you. More so, if the name of an accused in the FIR is deleted at the time of the filing of the charge sheet, there is no requirement under law that he should be intimated by police. There is a column in the charge sheet which shows the names of those accused persons who were shown in the FIR but who have not been charge-sheeted.

On the other hand, if the police files charge sheet against a person, he would generally be either arrested by the police either before or at the time of filing of the charge sheet, or at least he will be asked by the police to remain present in the court at the time of filing of the charge sheet and/or at the time of taking of cognizance of the charge sheet by the court. Moreover, the court will also summon the accused if he is not present before the court even after the filing of the charge sheet, and if need be, the court may even issue a bailable warrant (or even a non-bailable warrant in a case of the nature mentioned by you).

You may try to ascertain about the charge sheet from the concernedpolice station or court. From the details provided by you, though, it appears that your name may not perhaps be figuring in the charge sheet as an accused. However, you may try to confirm that.

upendra Singh Chandrawat (Advocate) 06 June 2013

Dear Mr. Sundararaman,

I am Agree with both the experts that Pollice may file chartsheet after 11 years and without informing you. And even if you want to know what charges are framed by police and against whom then go and apply for an certified copy of chartsheet from court.