manish rama (zzz) 05 January 2013

Please help : regarding chargesheet procedure

Dear all,
I have been falsely implicated along with my family members for a property case.the sections police filed on me in the FIR are section 420,465,467,468 and 120 b.
I got my anticipatory bail and did not go to jail when i came to india, as I am an nri I also got amendment order also to travel outside india.
My query is police is not submitting chargesheet from the last 6 months.
A few lawyers I inquired told me don't go in front of the police or come to india, because they will ask u to sign the chargesheet , so it's better to avoid seeing the police.
What should I do please help?
Do I have to be present in front of the police to take chargesheet or will I get summon from court to collect the chargesheet??

I just took my AB and i have travelled back outside India.

Please Help senior members and any one with information

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2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 05 January 2013

When the police submits chargesheet in the court..the court would take cognizance and summon you to appear and then give you a copy of chargesheet...if you don't appear it would be followed by warrants...your presence is not required for presentation. As regards the delay it is common and there have been instances of presentation of chargehsheets after years......If it gets too delayed then you can approach the HC/SC in it's writ jurisdiction citing riight to speedy trial.

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Guest (Guest) 06 January 2013

Your personal presence is not mandatory during the presentation of the chargesheet. After the charge sheet is presented you will be summoned by the court. On your failure to comply with the summons, warrants will be issued against you. Subsequent to the charges being framed your presence is indispensable for the later stage of the trial.

Delay in the presentation of the charge sheet is a very common phenomenon in India. If the delay is not legitimate it gives you a right to seek a fair and speedy trial by approaching the HC in its writ jurisdiction.

Ashish Davessar

Advocate

Supreme Court of India

Punjab and Haryana High Court

District Courts, Amritsar & Chandigarh

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