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Govind singh   07 October 2016

Regarding incomplete charge-sheet & charge-framing

Dear Experts,

In my 498a case in Haryana, chargesheet (CS) was served yesterday. After going through the CS, I found references to several complaints (mentioned without date of the complaints) copy of which are not attached with the CS. A list of the witness is also attached with CS along with statement of the witnesses except statement of two witnesses. I have been given 18-Oct-2016 as date for charge framing. I requested for a date early in November 2016 for charge-framing but judge favoured the opp party lawyer who wanted me to have less time for charge framing. Even my lawyer is not helpful and cooperting and i need to change him. My queries are:

  1. Since some of the complaints referred in the CS have not been provided along with CS, what shall I do to get them? 
  2. Statement of two witnesses are not attached with CS, what shall to do to get them or find whether those witnesses have given any statement or not?
  3. From my previous experience with judge, the judge seems completly biased towards opp. Party. Is it possible to get the case shifted to court of some other judge, if yes, please tell me the procedure?
  4. References to some documents of investigation by police have been made in CS but those documents of police investigation on complaint of my wife were not provided with CS. Can I request court to postpone charge framing until I am provided those documents?

Thank you.


 1 Replies

Siddharth Dev (Advocate)     07 October 2016

Before going to any decisions apply certified copy of CS and relevant documents then think properly

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