What after chargesheet?

High court will not entertain such mistakes, if you have got other points to get quash the FIR, approach the high court, otherwise face the trial in the lower court.

No these are not the proper gorunds to appraoch the High Court for the purpose of quash proceedings against the Case. Typical mistakes are not valid gorund to destroy the main purpose of the case. On furnishing the copies (FIR, Charge Sheet and concerned) to the accused Court examins him for pleading or not pleading the gulty of the offence and thereafter if acuused pleaded guilt of the offence he will be punished according to procedure established by law, otherwise trail proceedings will be issued to prove the innocence of the accused against the prosecution.

Nature and sections of offences not disclosed . No sufficient ground for quashing FIR disclosed. Ground mentioned relate to irregularities committed by Investigating officer and not of evence relating to offence. During trial before Magistrate or Session Judge as the case may be you have opportunities under section 245 Cr.P.C. or under section 228 Cr.P.C. for presenting your view before the court.It will be desirable to pursue first before the trial court. 

As per your narration about the FIR ,it is not possible to get quash .But you can  consult with a Advocate,  Appropriate  decision can take after reading the FIR

I am sorry. The case is under section 498a, 406, 506 & 34 IPC. Can the magistrate frame the charges without a single material evidence and solely on the basis of the complaint of my wife & the statement of the interested parties i.e. my in-laws. the IO never contacted us nor did he made any effort to investigate the case. He has reproduced the same allegation of the complaint of my wife in the chargesheet. won't it be mockery of justice?

plz i need some suggestion.

Statements of in laws are also evidence and if circumstances corroborate and support  the narration by in laws magistrate may  may frame a charge if he considers their statement sufficien to frame charge and you are required to plead or face the trial.

Thanks Dubey Sir. But i would like to know that will the magistrate treat the oral statement of my wife and her relatives as gospel of truth. Whether he will ask for some material evidence from my wife or from me before framing charges. She is staying at her parents house since 06-01-2010 but she have stated in the complaint that she was thrown out of my house on 05-05-2010. I can prove that I was not at home on the said date with material evidence. Whether photographs of her over a period of time (nearly 11 months after marriage) with her smiling face will be considered as proof regarding that she was happy with me, as she has mentioned in the complaint that she was abused after marriage. Whether the magistrate will take into consideration the evidences I have before framing charges.

Thanks.

Mr. Nirmal

Procedure to be adopted in your case is of warrant trial. Section 239 and 240 of Cr.P.C. are clear enough to satisfy your querry . Please read them. The Magistrate has to consider the material submitted by police , he may examine the accused , he may give prosecution and accused both an opportunity of being heard. and there after decide whether there is sufficient ground to frame charge. 

Mr. Nirmal

Procedure to be followed in your case is of warrant trial. Section 239 and 240 of Code of Criminal Procedure are clear enough to satisfy your querry . Please read them. The Magistrate will consider the material supplied by police. He may also provide an opportunity to prosecution and accused both of being heard.  there aftere if he considers the charge against the accused  to be groundless , he shall discharge the accused and record his reasons for doing so.

Mr. Nirmal

Procedure to be followed in your case is of warrant trial. Section 239 and 240 of Cr.P.C. are clear enough to satisfy your querry. Please read them. According to sec. 239 Magistrate has to consider the material supplied by police , he may also provide an opportunity to prosecution and accused both of being heard. There after he will decide whether he considers charge against the accused toi be groundless. he shall discharge the accused.

Sorry , It appears that by mistake the reply posted thrice due tecnichal error . As it was not detected as posted . These are the same and one reply.

Thank You very much Dubey Sir.