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Vish (NA)     06 January 2015

Help required with submission of charge sheet for 498a, 406

Help required with submission of Charge sheet for 498A, 406 case

 

1. What is the procedure for submission of Charge sheet?

2. What accused have to do when charge sheet is submitted?

3. What possible precautions to be taken?

4. Can complainant still come and oppose the bail and charge sheet submission?

5. Are all accused required. Old parents who are senior citizens?

6. Is lawyer required at the time of charge sheet submission?

7. Are guarantors (Jaamindar) required for charge sheet submission?

 
Your guidance is highly appreciated.
 
Regards.


Learning

 7 Replies

Jai Karan Nagwan (consultant)     06 January 2015

Charge sheet submission is police responsibility. You be cool.

Vish (NA)     06 January 2015

Thanks Jai for your reply.

 

Please can you let me know what I am suppose to do. 

 

What possible precautions to be taken?

Can complainant still come and oppose the bail and charge sheet submission?

Are all accused required. Old parents who are senior citizens?

Is lawyer required at the time of charge sheet submission? As I am fighting case as Party In person.

Are guarantors (sureties) required for charge sheet submission?

 

Regards,

Vish

mubeen (MD)     06 January 2015

Mr. Vish You need not worry about procedure of submitting charge sheet it will be done by police no lawyer no zamindar sueities required.have u taken bail? if not then take it immediately.Most important is to check what is been prepared in chargesheet i-e the evidences,panchnama witnesses.u can ask the police to take witness from ur side also if they are true.and if u r innocent then try that no bogus  medical certificate to be included in chargesheet as it is given by corrupt doctors.Dont allow police to get ur neighbours or third persons as witness.

Vish (NA)     07 January 2015

Thanks Mubeen. I only have Interim AB. I guess I will have to take sureties with me. For fake medical cert. The complete case is fake and misuse of law which is created to protect women, but some are misusing this, so let her bring whatever she can on the table :)

 

Thanks Gangadhar, But I want to fight this biased law myself and prove myself not guilty. Definitely I will require guidance from experts like you all on this forum.

 

Thanks all. I really appreciate your help. 

Regards,

Vish

Advocate/CS Sanjeev Kataria ( Advocate)     07 January 2015

Reply in brief to your querry is as under:

1. It is the duty of police (IO) to submit the chargesheet

2. The complainant has nothing to do with the objection to the filing of chargesheet, he can oppose your bail by moving an application stating the ground that you have flouted the bail condition etc.

3. chargesheet to be checked properly at the time of handing over to the accused.

4. The presence of all the accused is mandatory on every date of hearing untill exempted by the court.

5. Layer'  presence is optional, 

6. Surities are not required to be present at the time of submission of chargesheet.

Notwithstanding above, i advise you to engage a lawyer ......reasons i do not want to clarify

Vish (NA)     08 January 2015

Thanks Sajeev

Seetharamreddy Kancharla (Student)     03 April 2015

Normally charge sheet can file below 7 years sentence case is 60 days and other offenses time period is 90 days. if the IO didn't file the charge sheet with in 90 days of the arrest the accused can get the Statutory bail. approach the criminal lawyer he will give some better advice for you. any have once sending the message in the forum you have to explain all the details of your complaint other wise it is very hard to give any suggestions with out knowing any thing about the case.


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