Apply for discharge before trial court
2) quashing is to be done only in exceptional cases
3) they would not be able to play any mischief
4) charge sheet travels beyond FIR
5) submit evidence at earliest opportunity
May I write a title with my name as per my own wish
1 Police chargesheeted the defendant under IPC 406 without any bills or other evidences or even a proper admit list of complainant. Should the defendant complain to CM/ DGP or should try to get it quashed? 2 Police chargesheeted defendant under IPC 498A without any MLC and without any evidence showing danger to life or limb of the complainant by defendant. Is police wrong in chargesheeting defendant under IPC 498A 3 If Police has already submitted the chargesheet, are they in position to play any mischief if any RTI or legal action is taken against them 4 In Chargesheet, complainant claims a certain cash amount of complainant snatched by defendant thought the same claim is not part of the FIR. Can a chargesheet be written in this way? 5 In CrPC 482 quash petition for IPC 498A, are no evidences no matter how overwhelming are weighed at all while deciding the petition 6 What is best, to submit evidences in court at first opportunity or after final cross exam?
Asked 6 years ago in Civil Law
14 Answers
If charge sheet is filed than discourage application will file in court. For 498a, MLA is not compulsory unless allegations of serious injury in FIR.
Chrgesheet filed, no role of police left.
Dose not have issue, rest allegations complainant can be made in statement recorded by police.
Petition to quash should have file during pendency of investigation, now HC may not entertain except in special circumstance.
First Opportunity.
1. You can file quashing before the high court though since the charge sheet is filed file discharge before the lower court high court may reject quashing on ground of alternate remedy.
2. The police based on the statements must have made charge sheet you can contest the matter and cross examine the witness of prosecution.
3. No they cannot change.there report on there own.
4. The police based on ghere investigation can submit the chargesheet.
5. in case there is no primary evidence high court may quash though 8n your case chargesheet is filed first file for discharge petition before the lower court.
6. At stage of your defence evidence submit the evidence before the court.
Yes you can go for quashing in hC
1. CM/DGP cannot quash the chargesheet. Be realistic. If the charge is framed then accused can challenge the order in higher court which can set aside the order.
2. Unless the material on record is perused it is impossible to opine whether charge is liable to be framed or not.
3. No legal action is made out against police unless it is shown that police acted with malice.
4. Sitting in jurisdiction under Section 482 Cr.P.C the High Court does not hold a trial. So it cannot evaluate evidence.
5. Consult a lawyer with the entire case file.
Answer to your all questions is that Why you have not gone to quash FIR, why the CS ? So now first of all try to get it quashed in the Lower Court by appearing or attending the hearing instead of going U/S 482 because Hon'ble High Court will order maximum to re-investigate the matter or may direct to go to the lower court so take the matter accordingly.
Thanks a lot learned counsels! 1 Can police chargesheet in 498A on mere statement of family members of the complainant without any other evidences whatsoever? 2 Can police chargesheet in 406 on mere statement of family members of the complainant without any other evidences whatsoever? 3 Complainant told IO in presence of Defendant that even after payment of balance against Shreedhan, she won't take back 406, but this statement was not recorded by IO in chargesheet. I have audio record of this conversation. What can be done? 4 Can FIR under IPC 506 or IPC 307 be filed after chargesheet in 498a? 5 Can FIR under IPC 377 be filed after chargesheet in 498a?
Asked 6 years ago
Can can do anything.Don`t expect wisdom from them.
Bills are necessary proof for 406.
Submit the audio in court, once charge sheet filed.
For IPC 506 or IPC 307, separate FIR can be filed or police may submit further report after investigation on these charges in same FIR.
377 will prove by medical, rare possibility of success.
Police can do anything you can challenge it in court
Go for quashing in HC as advised it's a for case of quashing
Poluce generally do not conduct any investigations but merely reproduce complaint in charge sheet
2) police do need evidence to file charge sheet
3) you can cross examine the complainant during trial
4) FIR can be filed
1. Police chargesheet the accused on the statement of complainant without any list of articles
2. Police can charge accused with 498A without any MLC and in this charge it is not necessary that injury should be fatal to life.
3. If police have filed chargesheet in court then they cannot do any mischief if accused lodge any complaint against IO.
4. Yes police can charge sheet the accused merely on statements of family members of complaint.
1. Yes police can charge sheet though if no evidence you can apply for the discharge petition.
2. Yes police can.
3. You can submit same before the court as evidence but the statement has no effect on case.
4. See for same cause separate FIR cannot be filed. Though she can file application to add charges.
1. Chargesheet is always filed on the basis of statements of people acquainted with the facts and circumstances of the case. Law does not mandate that god should come down and whisper in the ears of investigating officer. It is trite law that charge can be framed on the basis of mere suspicion.
2. Subsequent deliver by accused of goods entrusted by the complainant to him does not purge the offence under Section 406 IPC itself.
3. Yes.
4. Yes.
1. It is a matter of trial, you can take care of such issues when the case comes up for trial and get the case nullified.
2. This is also a situation favorable to you to get the case dismissed in the trial, hence you remain silent for now.
3. No, since they have already submitted charge sheet there wont be any necessity to seek information through RTI against them, hence you better handle the situation during trial proceedings.
4. You may await the summons from the court and you will be given a copy of the charge sheet after which you can discuss this point also with your advocate.
5. You can make the pleadings accordingly to make it strong since ther are no evidences submitted by the police to support their charges against you.
6. You will be given an opportunity to submit your evidence in the defence witness hence you can wait until then.
1. Yes, they can do it based on their investigation.
2. They will do anything after receiving consideration, hence you dont worry about it because you can nullify their charges during trial.
3. Nothing can be done ion it.
4. Since this is a subsequent development, she may lodge a different complaint once again, hence you may have to be careful about that also.
5. Yes, see the above answer.