|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.