1)Can chargesheet affect the bail? Do an accused, who is released on bail, need to apply again for the bail post chargesheet? 2)How to drop one or more of the charges in the FIR? 3)Can police drop, one or more of the charges, that were already in the FIR, while filing the chargesheet? 4)How to drop one or more of the charges in the chargesheet? 5)Can FIR be quashed post chargesheet? 6)Can accused be rearrested post chargesheet? 7)For offence punishable below 3 years, will the trial and/or appeal be conducted in four stages i.e. Magistrate court, sessions court, high court, supreme court? or only 3 stages? 8)What are the chances of overturn in HC after convicted in lower court?
1. No once granted not required to apply for bail again.
2.The IO does that or the court, accused can apply for discharge after the chargesheet.
3. Yes it can.
5. Yes it can be quashed but first file discharge if quashing not already filed.
6.No till the bail is not cancelled he cannot .
7. Trial is at trial court then it is appeal ans revision till 4 stage.
8.for that lower court order document and evidence has to be seen
Hi, 1) if the accused is on anticipatory bail , then he has to apply for regular bail.. It is merely a procedure ... However if he is already in regular bail then it is not required for getting bail later on ....Yes, the police can alter or remove charge during investigation ...After the chargesheet is filed , the arguments will be conducted on framing of charge before court ,,The court also has the power to remove or alter the charges after hearing the arguments ...The quashing had to be filed in high court , it is only done if there are strong grounds ...No arrest can be made once he is on bail , untill and unless he fails to appear before court for the hearings
police can drop names of accused mentioned in FIR from the from charge sheet
2) police carry out investigations and if no evidence found their names are dropped
3) post filing of charge sheet accused have to apply for bail
4)FIR and charge sheet can be quashed by HC
5)if there is no evidence against you conviction order would be set aside in appeal
1. No, if you are on regular bail then no need to take bail after charge sheet.
2. Either the IO would drop at the time of filing charge sheet/ or you may prefer a FIR quashing petition or after filing the charge sheet you may file a discharge petition.
3. Yes the police can
4. No, FIR can not be quashed after the charge sheet has been filed.
5. In four stages, there shall be the hierarchy of the court.
6. There are high chances, largely depends of some fact is ignored by the lower court or some observation is made against the settled principal of law.
Regards
1. After the submission of chargesheet the accused has to obtain regular bail from the court concerned.
2. You can either file an application for discharge or file a petition for quashing of chargesheet in the High Court.
3. Police can also file a negative final report qua one or more sections incorporated in the FIR.
4. FIR can certainly be quashed along with chargesheet post chargesheet by the High Court.
5. If a positive final report is filed under fresh sections for which the accused has not taken bail then police is free to arrest him.
6. There is only trial court. If sentence is below 3 years then trial has to be before magistrate, the orders of which court can be challenged uptil the Supreme Court.
Dear Sir,
My answers are as follows:
1)Can chargesheet affect the bail? Do an accused, who is released on bail, need to apply again for the bail post chargesheet?
Ans: Yes, but it is only a formality and he will be enlarged on the pervious surety but surety must be present to sign the new bail bond.
2)How to drop one or more of the charges in the FIR?
Ans: If you manage the police they may drop. Or you may approach the High Court who may quash entire charge sheet.
3)Can police drop, one or more of the charges, that were already in the FIR, while filing the chargesheet?
Ans: Yes, they are having powers either to drop one or two or add any more as disclosed in their investgigation.
4)How to drop one or more of the charges in the chargesheet?
Ans: You can file discharge application before the Trial court or quashing petition before the High Court. Trial Court is more appropriate.
5)Can FIR be quashed post chargesheet?
Ans: No, since FIR merged with chargesheet.
6)Can accused be rearrested post chargesheet?
Ans: Yes, if he tries to win over the witnesses or threaten the witnesses or shown as absconding in the chargesheet.
7)For offence punishable below 3 years, will the trial and/or appeal be conducted in four stages i.e.
Magistrate court, sessions court, high court, supreme court? or only 3 stages?
Ans: Trial Court – Only fact finding Court
Sessions Court – Fact and law finding Court
High Court – Fact and Law finding Court
Supreme – Law Finding Court only.
Thus if you have point of law then you can approach the Supreme Court.
8)What are the chances of overturn in HC after convicted in lower court?
Ans: Depending upon the facts and procedure followed.
it depends on the bail conditions if charges approved by the final report then you may go for the bail again as per the course requirement
The charges in the FIR can be caused by the High Court and a partition by the accused under section 482 CRPC during domestication police mein add a drop any other section or charges as per the case investigation
FIR cannot be quashed post charge sheet and it depends on the quote to give the bail or arrest the person and sent to Jail and in case of non cognizable offences bail is normally given by the court
It depends on the ground that High Court can overturn lower Court judgement
1. No.
2. It is only at the time of framing charges by the court.
3. Yes.
4. Police can do that by altering the chargesheet.
5.Depends upon the judge and the prima facie materials on record.
6. If he flees from justice, he can be arrested.
7. Magistrate.
8. Premature question. Unless convicted and without perusing the order, it will be difficult to answer.
1. Once enlarged on bail, then he need not apply fro fresh bail on the charge sheet being filed.
2. The accused cannot drop the charges,. only the IO can do it provided he is satisfied that there was no commission of any such offence as mentioned in the FIR.
3. Yes, after investigation is over, if the IO is of the opinion, he may do so.
Alternately;
The court may order a charge-sheet or indictment to be amended in any manner the court thinks fit if it appears to be defective. An order may be made before or during a trial or hearing, unless the required amendment would cause injustice to the accused
4. You cannot drop any charges.
5. The high courts do not entertain FIR quash after the charge sheet is filed.
6. when a complaint was lodged or referred to Police, and the First Information Report (FIR) was sent to Court, in the course of the Investigation and interrogation of the accused, if it was revealed commission of the several offences, on the basis of such information itself, the investigating officer shall proceed with the investigation ,and if necessary, to take measures for the discovery and arrest of the offenders and file charge sheet where a prima facie case has been made out.
7. Trial court and appellate court only, after that it is revision and SLP
8. It depends on case preferred before it with an appeal.
My cousin brother (Z) and his female colleague (X) were working at Bangalore. Later on she moved abroad. On the complaint of her brother (Y) police arrested my cousin brother (Z) accusing that he created a facebook profile in her name (X) and wrote an objectionable post against her former boss. He was charged with 419, 420, 500, 66c, 66d. He was released on bail within a week. Police seized his laptop, mobile and a pen drive. At the time of trial can the lawyer of accused [my cousin brother (Z)] appeal the court for the victim to appear in court and cross examination of the victim [his female colleague (X)] while she is still abroad.
Your lawyer can appeal to court that victim be summoned to appear in court
You are entitled to cross examine the victim to prove your innocence
Hello,
Yes during the trial the lawyer may ask the court to give the permission for the same.
Regards
If she is the defacto complainant, then she has to be present before court for deposing her evidence in chief and also should be available for cross examination.
This is the procedure for trial of any case and automatic, hence the lawyer need not request the court for this
Dear Sir,
In your case the key witness is “She” your cousin’s female companion. If she did not appear your cousin will get acquitted. If police do not secure her presence then you may apply for her examination on your behalf as a defense witness. At least video recording will be made. She has to be cross examined to elicit the truth. You may approach the Court under section 482 to summon her from abroad to give evidence. The video conference is as follows. After acquittal your cousin can file defamation case against She and her brother.
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Lower courts to use video conferencing to hear divorce, custody cases
The Supreme Court has asked lower courts to use video-conferencing facility in divorce, custody and other matrimonial cases when the estranged couple live in different cities, an order aimed at speedy disposal of such disputes.
Disagreement between a husband and a wife over the place of hearing is one of the biggest reasons for delays in matrimonial cases.
Typically, the woman’s choice is given a priority and the case moved to the place where she lives.
But transfers can only be ordered by the Supreme Court, which is flooded with such petitions that can take years to be resolved.
“... the litigants have to travel to this court and spend on litigation. Question is whether this can be avoided,” said a bench of justice AK Goel and justice UU Lalit in the order issued last week, adding technology ought to be utilised to avoid delays in such cases.
It was not possible to ignore the problems a husband faced in contesting a case at a place convenient to the wife, the court said.
“We are thus of the view that it is necessary to issue certain directions which may provide alternatives to seeking transfer of proceedings on account of inability of a party to contest proceedings at a place away from their ordinary residence on the ground that if proceedings are not transferred, it will result in denial of justice,” it said.
Trial courts should use video-conference calls for recording evidence instead of insisting on personal appearances during hearings.
The direction came on a three-year-old transfer plea by a woman who wanted her divorce case to be moved from Jabalpur in Madhya Pradesh to a court in Hyderabad, where she lived with her minor daughter. The two cities are at least 700km apart.
The case was filed in Jabalpur where her estranged husband resided.
The bench directed high courts to issue orders to regulate the use of video conferencing for trial courts.
If any or both sides ask for the facility, proceeding should be conducted through video conferencing, the court said.
Judicial process in India is painfully slow as courts are saddled with a huge backlog. At the last count, around 28 million cases were pending in various court of the country.
She can be examined as witness and an application before the court can be filed to call her as witness but that has to be done wisely .
Of course the victim has to appear for cross examination if she has been examined by the prosecution as a witness at trial. If she does not appear for cross examination then her evidence cannot be read by the court.
Firstly once bail is granted you need not apply for bail again. If you want to get the FIR quashed approach high court under Sec 482 crpc to quash the FIR if their is not incriminating evidence against your brother. Or you can file discharge application in jurisdiction trial court. Discharge application needs to be filed prior to framing of charges. Yes the victim or complainant needs to appear if she fails it will be ground for acquittal. Usually in IT cases conviction rate is low.
