Upgrad LLM

police said charge sheet filed against my accused.


Sir,

I filed a cheating case in Sept. 2013 against two guys who cheated me in a land deal... Now police informed that they have arrested one  guy and the other has fled the country. and went to gulf. Police yesterday day informed that they filed the charge sheet against the two guys, one guy as  missing..

Please  advise me what shall I do further to pursue the case. Am I eligible to apply for a copy of the charge sheet???   How I could bring back the guy from gulf who is missing

kindly advise

 
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Lawyer

Since it is a state case you don't have any role in prosecution directly. You can engage an advocate if you so desire to assist the public prosecutor. 

The Police can issue a look out notice for the second offender. Bringing back the accused from a foreign country to stand trial in India for the offence he committed here is long drawn procedure. 

You can get the certified copy of the charge-sheet from the court by moving an application. 

 
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Advocate

As rightly opined by Advocate Mr.Thukral, it is a state case, the police has to  initiate  further legal process against the second accused.  Since you have lodged a criminal complaint, even if the accused are tried by the court, they can only be convicted and sentenced to undergo the punishment, you will not be able to recover the cheated amount from them through criminal court.  The recovery s possible only through a civil court.Consult a local advocate and take decisions as per his advise based on the local circumstance.

 
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Thank you thukral sir and kalai sir

 
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