Regarding charge sheet filing confirmation


I got bail for 498a and few other cases (all filed together) by my wife and her family in January 2014. My family members also got the bail in the same case (few days earlier than me). After that we never received any summons till now. I checked the status of the case online and found that we were supposed to appear in court on three occasions - 30 June, 11 Aug and 4-Nov. Since we didn't receive any summons we were not aware of these things. Please let me know from this can I conclude that charge sheet has already been filed?

 
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Law Consultant

Hi

 

One thing is for sure that your Bail is now going to get cancelled very soon. Please rush to the court where you had skipped these dates and find out what's going on.

 

CAUTION: Please don't go there yourself. Ask one of your freind or someone who is not involved in this case to find the status. If your bail is already cancelled then please immediately move an application before the court to recall the orders cancelling your bail bonds.

 

Appraoch your lawyer and wake him up from the sleep he is in. It is your advocate who should be tracking this for you and helping you stay out of trouble.

 

All the best!

 

//peace

/Saurabh..V

 
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Saurabh,

Thanks for the reply. However, we didn't receive the summons or any other intimation. Our lawyer told us to attend only if we receive an official notification. So, why should the bail get cancelled? It is not our fault. Could you kindly elborate.

 
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Saurabh,

Could you also let me know if charge sheet could have been filed by this time.

 
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Law Consultant

Hi

 

If in case the other party is in connivance with the police, then it is possible that they would get summons or notice issued in your name and then police would inform that your house was found locked. In these circumstances it becomes difficult for judges to protect you. So it is better to be in trouble than to cross-check.

 

Additionally, it is true that unless you receive summons/notice from court, it is useless to go there. But keeping a vigil is always recommended.

 

I think once your charge-sheet is filed, the Magistrate shall send you notice and then commit your case to Sessions Judge.

 

All the best!

 

//peace

/Saurabh..V

 
Reply   
 

Saurabh,

Aren't the police supposed to call us, if the door is locked. They can even inform the neighbours that they will be back on so and so date and we must be at home on that date. I believe this is common sense and definitely police is expected to act with some common sense. Also, if they neither call us or inform the neighbours about their arrival, how can anyone know that they actually visited our home?

Blatantly arguing that door was locked and hence they returned back is not very sensible on the part of police and it doesn't seem to be valid grounds for cancelling the bail. Moreover, it goes on to prove that police is biased against us. 

Kindly suggest if my understanding is not correct.

 
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Law Consultant

Hi

 

The answer is hidden in the uncanny truth about the character of police deptt. If you know it, you already have your answer. If not, then please consider the fact, why cases keep hanging in courts for 15yrs on average in India?

 

People act in the most malicious possible ways and police is the leader of such clans. So my advice is to play safe and never rely on anyone. It is good to know strenghts of your enemies if not weaknesses.

 

Police is authorized to make statements which are admissible in court and to challenge it, you have to file separate case but your original case gets thrown out till you prove your charges. So choice is yours!

 

//peace

/Saurabh..V

 
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