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Ank (Service)     07 September 2013

How to get a copy of chargesheet for 498a case?

Dear Friend,

I am in urgent need of your help for the following questions.

1.      How much time it needs to get a certified copy of FIR from the court for a lawyer? Or accused can also get a certified copy of FIR from the police?

2.      How do I know that when charge sheet is going to get filed? In general, how much time it takes to file the charge sheet?

3.      How to get a copy of charge sheet? When can I expect to get the same? Does the lawyer or accused can get a copy of the same from either police or the court?

4.      How much time police takes in general to send the charge sheet to the court? Will lawyer or accused be informed whether charge sheet is sent to the court by the police?

5.      Will it be possible to collect a copy of charge sheet from the court by the lawyer or accused before trial date?

6.      When court will send summon to the accused mentioned in the charge sheet? How this date gets finalized? Does lawyer has influence on fixing the date or court has it’s own process to fixing this date?

7.      What is your opinion about the lawyer who is saying that charge sheet will be available after 5 months? Should we think to change the lawyer?

I would be greatly obliged if you kindly help me in this regard.

Thanks a lot.



Learning

 6 Replies

JAGAT TATIA (Advocate)     07 September 2013

Answers for your querries: whereas some querries are legal and some are not legal:

1. It is routine process of the administration for giving certified copy of FIR, if you want a copy of FIR Urgent, then affixed court fee of Rs.2/- for urgent nature and on this court administration will provide you a copy of FIR in 48 hrs.

2 & 3. charge sheet will be filed after completion of investigation. There is a provision to supply a copy of charge sheet to the accused free. the copy of charge sheet will be provided by the prosecution in court to the accused when they filed challan/charge sheet in the court of law.

4 & 5. Yes, if the prosecution is going to file a charge sheet against accused, then they has to supply first a copy to the accused for giving information that under which section they are filling challan in the court. without giving a copy of challan to the accused the challan will not be accepted by the court.

6. Lawyer has no role in the administration work of the court, court fixed the date as per his/her convenient. Court send summon to the accused if there is a complainant case and the court has taken cognizance against the accused.

5. No comments, under what situation they said like this.

 

Kanchan Madan (NA)     07 September 2013

My family is the sufferer of 498A.

We got copy of FIR-  on the first date in CAW cell - one of the staff of police told us to give  him certain amount of money and  the next day he handed over the same  outside the CAW cell.

 

Once the  police  is thru with investigation  -they will file charge sheet.  In our case  since the Ghost family had influence in police  - they raided my  house , they raided my  locker ( I am mother) , she took  away my jwellry saying the same was gifted by me to her.  This process took  8  months.   and after they served us notice  .  The chargesheet was filed  aftr 5 months i.e. in April 2013.  Copy of chargesheet    we received when went for regular bail.

JAGAT TATIA (Advocate)     07 September 2013

If you have any doubt about influence of police, make a application to the Superintendent of Police for change of investigation officer and if he denied then make a application to the Inspector General of Police to change the investigation officer.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     08 September 2013

Anyways after the CS is filed, there is no scope of any further investigation from the accused point of view.

 

Regards,

 
Shonee Kapoor

Yahoogroups: https://groups.yahoo.com/group/sahodar 

If you don't fight for what you want, don't cry for what you LOST.

Ganesha Nam (SE)     17 October 2013

Hi Mr. Shonee,

In Karnataka, what is the process for 498a? 

I read articles about Delhi and Kerala, where investigation and councelling has to be done before FIR is filed.

Could you please guide me with this for Karnataka? I got a article from newspaper for 498a guidlines but how do i get teh circular from IG or DGP please advise.

Kanchan Madan (NA)     17 October 2013

The influence was at DCP level.  IO clearly told us that they have to obey DCP  and since  the father of the DIL was employed in some Restaurant and 

was entertaining  DCP  by all means.


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