LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More


(Guest)

When chargesheet submitted by an i.o. in dowry cases ?

Hello to all respected member's of LCI,

Advance wishes to all of you for Independence Day on 15th August, 2011.

Below i have some query related to mine case :

I want to know, When chargesheet is submitted by I.O. in dowry cases ?

My date of registration of FIR is 12/05/2011, But no progress or any date in court after release of myself from jail after spending one PC + one complete JC in Tihar jail.

What to do to recieve a copy of chargesheet from I.O. ?

Also i need to conduct Lie Detector test over myself to proove innocence ?   (same is requested several times to IO by myself during the visit wrt to any allegations made in FIR).

FOR YOUR READY REFERENCE, MY FIR COPY TOO ATTACHED IN THIS TOPIC FOR BETTER UNDERSTANDING TO ALL OF YOU.

Kindly suggest a best way to dealt further on my case.

Await positive & prompt response from my any LCI friend.

Have a nice time to all of us.

 

SHUBHKAAMNAYE,

Abhinatre Gupt,

+91-9313105773.



Learning

 12 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     13 August 2011

Have you engaged any lawyer for your defence or not? I think not. If yes then you have not consulted with him wich i s very bad on your part.

 

Dear! Copy of Final Report/Challan is given free of cost by Court and not IO to the accused person. After supplying the copy, charge is framed by court.

 

IO is not meant to help accused. If the requirement of procesution case is bring some accused on lie detector or some other latest component, only then he shall be brought there otherwise not on the request of accused person. IO has to collect all material supporting the contents of FIR and not contradicting it. Accused himself may pray before concerned court at the time of defence witnesses to provide him an opportunity in this regard.


(Guest)

Sir,

I already hired a lawyer from High Court main panel, But he always said don't worry about your case. We will surely win at any cost after trial starts, But i dont have any idea of court or police. that's the reason i am slight in tension throughout the day.

That's too true that all related evidence are with us related to our case, But as myself working in an MNC and don't have much free time to fight case a long is only a reason of my worries.

Also they had our belonging worth of not less than 12-15 lakh in b/w and cash & our valuable belongings are snatched by them too during thrashing with ourself.

Agreed with your point that final report is collected from court. But what to do if report not submitted on time ?

Me too filed an private complaint against them on June month, Which too pass on by President Secretariat to the same IO by passing on thru the various deptt's. (Even same IO is too defaulter on my case)

Now he tries to go for compromise, But i dont want compromise. I want all of them in jail. My advocate suggest for defamation case, But i dont need any wrong earning/ money with myself.

Kindly suggest a best possible.

prashant pundhir (Criminal Lawyer)     14 August 2011

After filing  chargesheet by the I.O., court will summon you to attend the court and face the trial .Believe on your lawyer and wait for summons .Better you discuss rest of the things at the time of the trial .The statement of the girl I  saw and it is favouring to you (see a very little thing that every time the dowary was asked directly from the girl and not from any of her parents) .Need not to worry,and face the trial .


(Guest)

Below are my queries related to my case :

 

Q1. 90 days of submitting the chargesheet time is already over, But I.O. still not submitted his final report. What to do now ?

Q2. After how many days summons sent to me by court ?

Q3. I need Lie Detector test to proove innocence against all allegations over myself, Is it possible if requested by myself on my very first date to magistrate ?

Q4. Main fact is still i loved her as she is first girl in my life till date may be this is only physical attraction or something else, Is it safe to take her home or not ?

Q5. Also i dont want to keep any type of relation's with her family members / relatives, If she agreed to continue with myself ?

Q6. My complaint submitted against defaulter's is too with same I.O. and he don't take any action on our complaint, What to do ?

Q7. Also suggest, What to do on the trial dates, Is my presence must in court ?

Q8. My lawyer suggest me for cross case before trial starts with section 156 (3) / Anti Dowry/ Defamation, Is it right process to move further ? (We had several videography shown over media/ newspapers/ E-mails/ snaps to proove right picture, But i had short of time)

 

Kindly revert with suitable reply against queries.

 

Regards,

Abhinatre Gupt.

 


(Guest)

Hi Zeeshan,

Thanks for your kind consideration.

My case is in Mahilla court somewhere in karkardoomaa court in shahdara. (During starting it is in criminal court)

What's your advocate name ? (Please send me details)

Actually i already hired a lawyer from high court panel and he is too very famous as per my knowing.

I know SAI is with me and all human support is with me to put those defaulters at their right place.

But 15 days in jail is a big black spot on my carrier.

Best of luck to both of us to fight judiciously against defaulters.

 

Regards,

Abhinatre Gupt.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     15 August 2011

Q1. 90 days of submitting the chargesheet time is already over, But I.O. still not submitted his final report. What to do now ?

The 90 days limit is when the accused is in custody. Be patient, it would come to you as a matter of right

Q2. After how many days summons sent to me by court ?

When the matter is listed in court, the court would send summons.

Q3. I need Lie Detector test to proove innocence against all allegations over myself, Is it possible if requested by myself on my very first date to magistrate ?

NO. That is wishful thinking. Accused can not use it in his own defence.

Q4. Main fact is still i loved her as she is first girl in my life till date may be this is only physical attraction or something else, Is it safe to take her home or not ?

Not if you don't want to commit suicide.

Q5. Also i dont want to keep any type of relation's with her family members / relatives, If she agreed to continue with myself ?

:-) Wishful thinking,

Q6. My complaint submitted against defaulter's is too with same I.O. and he don't take any action on our complaint, What to do ?

You need counselling of the procedures and come out of your delusions. The IO won't take any action

Q7. Also suggest, What to do on the trial dates, Is my presence must in court ?

Stay Mum. Let things upfold. Trust your lawyer to do thorough cross-examination etc.

Q8. My lawyer suggest me for cross case before trial starts with section 156 (3) / Anti Dowry/ Defamation, Is it right process to move further ? (We had several videography shown over media/ newspapers/ E-mails/ snaps to proove right picture, But i had short of time)

  No comments w/o seeing all the evidences etc. But cross-case is just for money making of the lawyer mostly, Nothing much comes out of it.

BTW, I am also amazed that you spent 15 days in prison. There must be some reason for the same, In Delhi no one should spend so much time in Jail in Vanilla 498-a.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     15 August 2011

I personally feel the same Zeeshan, that the lawyer should be a practising lawyer of same court. HC lawyers do not turn up/ charge a lot/ send juniors who have not much experience.

prasanta kumar parida (sr. consultant)     15 August 2011

CHARGESHEET WILL BE SUBMITTED TO THE COURT WITHIN 90 DAYS OF THE ARREST. THE COPY OF CHARGESHEET &RELATED DOCUMENTS WILL BE SUPPLIED TO YOU FREELY BEFORE TRIAL OF THE CASE ENABLING YOU TO DEFEND YOU PROPERLY BY CROSS-EXAMINING THE CHARGESHEET WITNESSES

prasanta kumar parida (sr. consultant)     15 August 2011

if chargesheet  will not be filed within stipulated time you will acrue a right to go on bail. regarding your convenient time plz. forget about that in a criminal case if either you or your counsel will not co-operate the court then the court will issue  summon/warrant as the case may be to ensure your presence in the court. but court  will afford you resonable opportunity to defend yourself by way of cross-examining the witnesses named in charge-sheet. you can change your counsel or you are bound to keep faith on the advice of your counsel and if wrong advice of your counsel will cause any loss to you , then you can move the state bar council for initiation of disciplinary proceeding against the erring Advocate

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     17 August 2011

Sir, please note that the accused is already admitted on bail. Hence Chargesheet can be delayed.


(Guest)

After filing  chargesheet by the I.O., court will summon you to attend the court and face the trial .Believe on your lawyer and wait for summons .Better you discuss rest of the things at the time of the trial .The statement of the girl I  saw and it is favouring to you (see a very little thing that every time the dowary was asked directly from the girl and not from any of her parents) .Need not to worry,and face the trial .

 

 

Sir,

Can you please confirm, How a statement of girl is favoring me ?

How can i benefitted from her statement ?

Await reply.

 

Regards,

Abhinatre Gupt.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     10 September 2011

Dear Abhinatre,

 

As dicussed in various other forums/ PM. No concrete advise on such sensitive matters can be given in two line questions w/o knowing the complete background.

 

I am sure you have engaged a competent lawyer to guide you through.

 

I have already told you that Delhi has a vibrant chapter of Save Indian Family and 498a.org, which meets at Patiala House Court Complex every Saturday.

 

Please attend meetings alongwith relevant documents to get second/ third/ fourth opinions.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

 

PS: No technology can ever match the communication level of personal meetings


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Recent Topics


View More

Related Threads


Loading