cpc

further investigation


Dear Experts,

When the Application for further investigation in the Forgery case, can be filed in the Trail Court for the defective Charge Sheet.  The case is at 'Fresh Summon' stage & Summon is yet to be issued & hearing is in Dec. Whether this Applcation can be moved now or on the day of first hearing? Please advise me.

Thanks in advance.

Deepthi.

 
Reply   
 
Lawyer

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


Total likes : 1 times

 
Reply   
 


Advocate

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?


Total likes : 1 times

 
Reply   
 
LEGAL CONSULTANT

Rightly adviced by Adv Dr Vasistha


Total likes : 1 times

 
Reply   
 

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

 
Reply   
 
Advocate

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


Total likes : 1 times

 
Reply   
 
LEGAL CONSULTANT

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


Total likes : 1 times

 
Reply   
 

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

 
Reply   
 

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

 
Reply   
 
Advocate

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.
 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

IPC Grand Course     |    x