Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Legal Techie (Men's Rights Activist)     27 June 2008

Chargesheeted in 498a, But...

The police have filed a chargesheet after 'some' investigation on papers-only in the court way back in March; and I got to know about it only now, from other channels. But I've not yet received any communication either from the police or the court regarding the same, even after 3 months.
Is that normal? Doesn't the court or the police send a copy of the chargesheet to the accused and call him?
What should I do in such a case? I live in a different state than the one where all this drama is happening.
Is their any grounds that I can counter-claim this negligence of the police & court?


Another question is, as its a fact that my father-in-law has half the court in his pocket, is it a possibility that he's influenced the clerks to suppress the summons from reaching me? What benefit could he derive by doing so? Is it going to harm me or the false case in any way, in future?


Learning

 16 Replies

K.C.Suresh (Advocate)     27 June 2008

It is question of fairness to questian the accused before finalysing the investigation. Absence of questioning is an irregularity and will defenetly points at unfair investigation. That will be in favour of the accused in a fair trail. When accused came to know about the charge sheeting he/she must appear before the court through a competent counsel apply for bail and get the copies of the charge etc There is no provision in the Criminal Procedure Code to send the copies of charge etc to the accused in general.  Adv.K.C.Suresh

Legal Techie (Men's Rights Activist)     27 June 2008

ok.

Thanks for the clarification Mr. Suresh.

Just one more doubt from your statement... Isn't there any provision, that the accused be atleast informed officially that the chargesheet has been filed in the court? I got to know about it only after I enquired by various other channels... Officially I'm still supposed to be in the dark!

And regarding the bail, actually i've already got it much earlier, when the investigaion was not even started practically; as you know investigations are not even required before arresting the accused under 498a, so I got the bail at that time itself. Is it possible that the chargesheeting has any effect on that bail?

podicheti.srinivas (advocate/legal consultant)     27 June 2008

In general the summons will be issued to the accused after filing of the chargesheet by the police.the accused on recieving the summons has to be present before the court .The court will explain the charges to you under which provisions the charges are framed and you will be tried for.


You have not stated that whether you are residing at the same place mentioned in the complaint.if you are residing at a different place the court will not be able to serve the summons upon you because of the change of addressin that event the court will order for publication in the local news paper ,which is a deeemed service.The court will therafter issue NON Bailable Warrants to the police to arrest  you, for procuring your attendance.Iherby advise you please go before the court with an advocate and get the warrants recalled or else you have to suffer at the hands of the police

Ajay kumar singh (Advocate)     27 June 2008

Normally on submission of chargsheet,the court takes cognizance of the offence and issues notice to the accused.In your case cognizance might not have been taken or notice might have been suppressed.As you are already on bail you may get the case record inspected and if necessary,you may appear in the case fearlessly and the court will allow you to remain on the bail already granted to you. If the informant is unfair, he may try to get warrant issued against you by suppressing the notice

Legal Techie (Men's Rights Activist)     27 June 2008

OK.

Thanks a lot for the clarifications... I'll surely go to the court with a lawyer shortly.

Even though I'm still at the same address, but I can safely assume that my FiL would have got the summons suppressed to get a NBW issued against me!

But normally, what is the time the court would wait before issueing any NBW? Its already 3 months by the time CS is filed by police.

Srinivas.B.S.S.T ( Advocate)     27 June 2008

if you verify the court records you will know.

Guest (n/a)     27 June 2008

First Solution:- Obtained Certified Copy of the Charge Sheet from the concern court where it has been filed by the police alongwith the complete case diary. One thing tell me whether you have approached any court for bail or stay of arrest prior to filling the charge sheet before court. If you have already granted bail in such case, wait for summon, if not bail out please hire any counsel to bailout your self during the period of trial. or approached Higher court for stay the entire criminal proceeding in such case.


In reply to the Second question please do as earlier instructed to you.


Arvind kumar, Advocate


Aruadv@rediff.com

ARVIND KUMAR (LAWYER)     27 June 2008

In your case it is clear you have bailed out earlier, now charge sheet has been submitted by the police in the court and till date you have no official knowlede about court's trial proceeding.  You firstly obtained cartified copy of the charge sheet alongwith the case diary, scruitnised the allegation and investigation done by the police if there is concurrent illegality, challenged it before the higher Court, with further prayer to dispenswith your appearance before trial court through counsel, for moving discharge application.


 

Legal Techie (Men's Rights Activist)     27 June 2008

Thanks for the nice advise Mr. Arvind! I'll get the copy of the chargesheet first and then see what are stupidities done by the oversmart police ;-)

podicheti.srinivas (advocate/legal consultant)     30 June 2008

First you file a quash petition before the high court and your wife wiill be served with summons. on the day before the case comes up for hearing both you and your wife  withn the help of the lawyers should file a petition for withdrawal of the  case against you  stating that the matter is to be settled amicably  out of the court both should appear before the court and your wife should give her consent to the court  that she is ready and willing to withdraw the case .Then only you will be absolved from the offence.

Legal Techie (Men's Rights Activist)     30 June 2008

Ya, I know this procedure. It all sounds very cool, but there is a big hitch in it.

My wife speaks in such a tone, as if I have indeed done all those offences and she'll officially 'forgive' me for all that and agree to withdraw the case this way!

Well hello! Should I ask for official 'forgiveness' for crimes I've never even thought about doing???

For sure, she doesn't have the guts to go to the court and say that she's lied and put this false case, so now she wants to withdraw it because her husband is innocent in reality!


Does a single such 498A wife have this much guts???

deepak kumar (Advocate)     04 July 2008

if there is a chance of compromise then go for it, it would be easier for you bcause you live at a different place and you will have to face many hardships during trial which can go on for a very long period.It is not a matter of 498A only suppose you had also lodged a case against her then she would have faced a similar experiance for that matter any accused faces a similar experiance once allegations ar levelled againt him and it is only after conclusiion of trial it is clear that those allegations are substantiated or not.

Legal Techie (Men's Rights Activist)     04 July 2008

Mr. Deepak Kumar,
No offence to you, but this sounds like a typical lawyers-speak...
Scaring the clients/accused from proceeding, with the fear that their (lawyers') own dirty acts would surface if the dirty linen are washed openly...
But let me make it clear Mr. Lawyer, For me it's more important to bring out the TRUTH, then getting afraid of the hardships it takes in the Indian courts.
Just because there are NO marital laws in the country that can be leveled against the unscrupulous wives, doesn't mean all the husbands should start compromising under the pressure of their open legal terrorism.
This compromising attitude is the most dangerous one of the lawyers and husbands across the country, that is encouraging such legal terrorists to play their dirty games over & over again!

Now coming to your point... if I compromise at this point, what is the guarantee that tomorrow she'll not go again to the court lying like now, & say that I broke the conditions of the compromise? In fact knowing my darling, I'm sure she'd do so very soon if go for a compromise.
So I just want to end it once for all... Once it gets proven in the open that she had lied completely in turn harassing/torturing the husband (against the popular beliefs), at least it should discourage her enough to throw such dirty tricks on me (or anyone else) in future!

deepak kumar (Advocate)     04 July 2008

it seems you have totally misunderstood me. lawyers genrally do not advise clients to stay away from the trial as it is their profession and they get paid for it. My personal view is that in matrimonial disputes one should go in for reconciliation because it is not a matter of two individuals but of two families if you disagree with it you are free to do so.


By compromise i had never meant to accept the allegations.


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