Mahadev 04 March 2016

Chargesheet_noticenotreceivedyet

Respected Lawyers/Members,

I spoke to my lawyer 2 days back and he told me in my case Police has now filed chargesheet after more than a year for 498A and Sec.4 DP Act and date of appearance for apperance bail (he told me this terminology) is fixed as April 15th .I was reading Sec.207CrPC and it states Magistrate issues a summons if he feels he need to take cognizance . I remember asking earlier and respected lawyers in this forum had told me Regd. Post with AD is the way summons is served.

My query is if I don't receive the formal notice from court , should i still go as per my lawyer's advice or wait for Court's notice. What if Court notice doesn't come at all ? Will there be any harm caused to me if i don't go until i receive court notice ? I am asking this query due to my office manager knowing my case and he insisting that unless i show him some written prooof from court that i have been called , he will not sanction my leave in view of me being involved in some urgent work for next 2 months.

Can magistrate issue Non bailable warrant against me even though i didnt receive notice and thus didnt go ?How will i be able to convince magistrate that i never received notice and hence didnt appear if i go later .

Can you guide me about the law behind it .

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2 Replies

ibra 05 March 2016

you can check your case progress on

www.ecourts.gov.in

follow the steps

need more help be in touch with

you state ,town name, your name, FIR info, CCnumber (calender case number)

ANAMIKA VICHARE (LAWYER) 14 March 2016

Normally, Invet Officer calls you on your mobile and would tellyu to remain present on specific day to accept the chragesheet, you remain present accept the chragesheet and then yo will get next date

Tis is very simple, crooked mind thinks so many things, you obey law, I know it is false case, but rightnow you hvaeto accept and assimilate the fact of that false case and face it and defend it and win it, you will surely win it

After some dates, cCharge will be framed against you, Magistrate willask you whether you plead guilty Say No

Then court will give you one printed Charge Form, you hv to sign it

Thereafter summons to the de-facto Complainant-wife and witnesses and investigating officer are sent

they will reamin present one by one

first thE COmpalint-wifes chief exam,ination will be cnducted, your lawyer shall cross-examine her

then the witnesses one by one will be examined by Public Prospecutor and cross examined by your lawyer at the end Investigating oficer shall be examined by P and your lawyer shl crss exmn

then s.3131 of CR.P.c. statement you have to sign

s.313 statement contains questions formed by the Magistrate on the basis of evidence led out...you hv to answer those questions and sign that statement

LAt question : Do you want to say anything else about the csae

thn in taht case, yo9u amy keep your written statement of facts and truth, because yor story is never on record

and sumit the same

thsi will help the Magistrate to pass the order properlt