ravi dhadve (propritor) 06 September 2014

Disposal of charge-sheet

Hi All,

I am tax practitioner, but I want to know about the disposal of charge sheet issued by police in the criminal matter. One of my friend is accused under section 420 of IPC in the matter of land possession. The case was entered through the police. The Complaint was filed against accused in the police station, then case entered in the district court. The case was dismissed in the court because the parties decided to settle the matter privately and the court dismissed the case as per settlement between both parties. Now, one & half year passed away. The lawyer of accused informed to him that he should have to come to police station as the charge- sheet was not disposed by the police. The lawyer also informed to that the police was searching for him in the matter. So I want to know if in the matter of case dismissal by the court, could the police search for the accused? or if the charge sheet of police could not disposed by receiving the judgement copy of court? or Its' one kind of harassment to the accused. Please help me in the matter. Your prompt attention will be highly appreciated.

Thanks & Regards

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3 Replies

Ashok, Advocate (Lawyer at Delhi) 06 September 2014

Order of the court is binding and final unless someone challenges it in a higher court and the higher court sets aside such order. Therefore, if the case settled / dismissed by the Court is the same as being investigated by police (with the same FIR number), then you can show the order of the Court settling / dismissing the case, and it should be binding on the police.

ashish (legal adviser) 06 September 2014

Make sure the case is disposed off and you have the order and copy of judgement. And if you have the order and copy of judgement than nothing to worry. If both the party settled the same than there is no question of appeal or revision arises.