Further investigation

It (protest petition) should be filed before framing of charge after that it shall be difficult to be admitted.,.

Dr.J.C.Vashista, has correctly stated the law. But can you also elaborate a little bit why you think the chrage sheet is defective?

Rightly adviced by Adv Dr Vasistha

Originally posted by : N.K.Assumi
	Dr.J.C.Vashista, has correctly stated the law. But can you also elaborate a little bit why you think the chrage sheet is defective?

Dear Mr.Vashista & Mr. Assumi,

Thanks for your quick response. It is the Private Complaint filed by the Complainant with all necessary authenticated documents in JM Court against the Accused for Crl. Conspiracy, Breach of Trust, Cheating, Forgery for wrongfull gain etc. Direction was given by JM to the local Police for investigation & report. After enquiry with the Complainant, the IO filed FIR. After about 8 months, IO  filed Charge Sheet & Final Report.

Though the Charge Sheet & Final Reports confirms commissioning of the said offences, no documents to that effect have been enclosed. The only enclosure to the Final Report is the Statement of 5 Witness. The IO has never enquired with the Complainant & those 5 Witness before filing the Report.

On enquiry with the IO, it was given to understand that the IO has not received those documents from the Court along with the Direction letter.(The Complainanat has physically seen the Direction letter with bunch of documents submitted by him, duly packed & sealed has been handed over to the Court Messenger (Dawali) for submisson to the Police). 

Also, the Complainant applied for Certified Copy of his Pvt. Complaint in March '15 & till date the same has not been furnished stating the reason that they are not able to locate the case file & serching is on( for over 8 months?) The Complainant suspects that some thing is going wrong. Recently, as suggested by the Experts of LCI, the Complainant has brought this to the knowledge of JM who has ordered for locating the file & to furnish the Certified Copies.

The Accused are on AB. Court has ordered for Summon & are yet to be sent. The hearing is on Dec.'15. This is the Case & its status. Any further suggestions to overcome the hurdle are welcome.

Regards,

Deepthi

Once charge sheet is filed and process is issued to the accused trial begins, that means it is now at the post cognizance stage, as such better to face the trial, and the complainant should be ready with proper documents, and witnesses should be carefully examined.If the documents is lost from the court, the court will be answerable for the same as to how it was lost. The complainant also should be ready to deposed the origin of the documents

GO THROUGH THE FOLLOWING CASE

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
O R D E R
S.B.CRL. MISC. PETITION NO.1290/2012
Abdul Gafoor Vs. State of Rajasthan

Originally posted by : N.K.Assumi
	Once charge sheet is filed and process is issued to the accused trial begins, that means it is now at the post cognizance stage, as such better to face the trial, and the complainant should be ready with proper documents, and witnesses should be carefully examined.If the documents is lost from the court, the court will be answerable for the same as to how it was lost. The complainant also should be ready to deposed the origin of the documents

Dear Mr.Assumi,

Thanks for your response. Kindly let me know whether the Complainant can file the Protest Petition now at this stage. If not what is the other options available?

Regards,

Deepthi

Originally posted by : Dr J C Vashista, majjagdish@ya
	It (protest petition) should be filed before framing of charge after that it shall be difficult to be admitted.,.

Dear Mr.Vashista,

Kindly go through my reply stating about the case & its position. Whether the charges are framed already?. If the answer is no, then can the Complainant file the Protest Petition now? If not what is the option available?. Kindly let me know .

Regards,

Deepthi

Originally posted by : N.K.Assumi
	If you are aggrieved for failing to obtain documents submitted by the complainant, before the trial commence, you better file Revision in higher forum.All the best.

Dear Mr.Assumi,

Again thanks for your quick response.   Getting the Pvt. Complaint documents duly certified by the Trail Court is for the purpoes of proof as they have been furnished which confirms commissioning of the crime by the accused, when required duriing tral.The Complainant coinfirms that he is having copy of his Private Complaint with all its enclosures. He has not parted with any of the Original Documents including the  Forged document got through RTI is also available with him. The complainant have  documents(which are Civil Court Certified) submitted/exibitted by one of the accused in Civil Court as a proof towards the motive of the crime. .

It is given to understand by the various SC judjements, on a defective CS, if the Magistrate is satisfied whether  the investigation not conducted properly or not as per law, he himself is empowered to take cognizance  u/s.190 (1) (b)/ 173(8) & order for further Investigation or reinvestigation & proceed with the Trial. Whether this  is applicable to this case?

Regards,

Deepthi.

Originally posted by : SAINATH DEVALLA
	GO THROUGH THE FOLLOWING CASE IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B.CRL. MISC. PETITION NO.1290/2012 Abdul Gafoor Vs. State of Rajasthan

Dear Mr.Sainath Devalla,

While thanking you for the  case reference, on going through, I find it is about AB for some grave offence but subsequently the accused was discharged from such grave offence because of the CS. But by subsequent investigaton he was charged for grave offences also, as such the State cancelled his AB but he filed a petiton against the cancellation of AB.But the HC dismissed his petition.I think that it is what I understood but fail to understand how this case will be helpful to the Complainant for his case?

Request for your clarification on how this case will be of any use to the Complainant.

Regards,

Deepthi

Dear Ms. Deepthi,

You have mentioned "housewife" in your profile, which is prima facie disguise and you may not be a practicing advocate or opting to conceal that you are a practicing advocate, isn;t it?

However, I appreciate your legal knowledge/ acumenship.

Even after filing of charge sheet you can move the protest petition before the trail court. You can insist upon further investigation u/s 190 (1) and 173(8) and framing of additional charges.

If the court declines you can move in revision.

Regards.

Originally posted by : Dr J C Vashista, majjagdish@ya
	Dear Ms. Deepthi, You have mentioned "housewife" in your profile, which is prima facie disguise and you may not be a practicing advocate or opting to conceal that you are a practicing advocate, isn;t it? However, I appreciate your legal knowledge/ acumenship. Even after filing of charge sheet you can move the protest petition before the trail court. You can insist upon further investigation u/s 190 (1) and 173(8) and framing of additional charges. If the court declines you can move in revision. Regards.

Dear Dr.Vashista,

Thanks for your complements.  I am not a lawyer. It is the interest to have knowledge on this subject is due to the litingations being faced by my aunt & I am trying to acquire more information to help her.The little knowledge I acquired sofar is only because of  LCI's Experts like you. Really you Experts of LCI are doing a fentastic service.

As alredy informed by you, I have advised my aunt's Lawyer to file a Protest Petition for further investigation. I am not sure whether any addional charges can be framed. However I'll ask the Lawyer for it. In case the Court declines the Protest Petition, whether to move Revision in the same Court or higher court?

Regards,

Deepthi

Originally posted by : Dr J C Vashista, majjagdish@ya
	Dear Ms. Deepthi, You have mentioned "housewife" in your profile, which is prima facie disguise and you may not be a practicing advocate or opting to conceal that you are a practicing advocate, isn;t it? However, I appreciate your legal knowledge/ acumenship. Even after filing of charge sheet you can move the protest petition before the trail court. You can insist upon further investigation u/s 190 (1) and 173(8) and framing of additional charges. If the court declines you can move in revision. Regards.

Dear Dr.Vashista,

Thanks for your complements.  I am not a lawyer. It is the interest to have knowledge on this subject is due to the litingations being faced by my aunt & I am trying to acquire more information to help her.The little knowledge I acquired sofar is only because of  LCI's Experts like you. Really you Experts of LCI are doing a fentastic service.

As alredy informed by you, I have advised my aunt's Lawyer to file a Protest Petition for further investigation. I am not sure whether any addional charges can be framed. However I'll ask the Lawyer for it. In case the Court declines the Protest Petition, whether to move Revision in the same Court or higher court?

Regards,

Deepthi