An attempt to murder & Physical Assault was attempted by my in-laws(total in 6) including my wife and their two other non family members or friends or goondaas inside Mahila Police Station in Haryana against/on me where i was called for counselling by Women cell for complaint given by my wife. I got injury on posterior part of my head and got bleed very badly, although CITI SCAN report is normal for my head. Doctor has mentioned that tool/arm used by accused was blunt. My MLC/MLR was done by Civil Hospital Doctor and after my complaint to concerned City Police Station an FIR was filed by them under IPC sections- 506, 323 & 34 on 05/08/2022 I have named all accused except my wife in spite of that my wife was involved in this act and had hold me from front and due to this i was not able to move and defend my self. As per I/O(Investigative Officer) all accused were bailed out by police itself under IPC 323 on the very same day of filing FIR or the next day but again when I enquired I/O he told me all culprits has been arrested on 12/08/2022 Questions- 1 Whether police has filed FIR under correct sections and whether they should have applied any other IPC section, i.e. attempt to murder, etc. etc. 2 Doctor has not mentioned blood stains on my clothes (Shirt & Undershirt and on mouth and has not sealed packed my clothes and has not given the same to Police with his/her opinion and haven't taken Police's acknowledgement for the same. Whether doctor can be held liable under section 201 for disappearance of evidence, although i have secured my clothes for to prove the same in the court of law. 3 I/O is denying to take my statement and saying give your statement in the Court of law before Judge. 4 I am not sure whether I/O has recovered the tool or arm with which accused has hit me on my head and should I ask I/O for the same and what I/O's duty has regarding this. 5 Doctor has not taken note of any two identification marks of mine through which he/she can indentify me. 6 Can i add my wife's name in FIR through Police or Court after filing of FIR and and what is the procedure. 7 Police/IO is denying me copy of Chargesheet and how i can get copy of the same. 8 Police is yet to file case in Court which as per them they were supposed to file by this week or next week. 9 Whether police will file preliminary charge sheet now and final chargesheet later on and what is the exact procedure. 10 Whether police is liable to take my statement and if they don't then what is the procedure to force them to take my statement. 11 Whether police will take statement of all accused 12 Whether i will get chargesheet copy through court's summons. 13 Should i engage advocate or Government will provide me the advocate free of cost. 14 I had got life threat earlier also from my brother in law on 05/07/2022 through SMS
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1. Yes
2. No. Only if you prove his involvement in destroying evidence
3. Report his superior
4. You can't question him in his investigation but can send assistance in writing for investigation
5. Tell police the same
6. Through court if police bit taking your complaint
7. You can get once filed in court
8. 9 and 10 & 11
Not mandatory. Police can follow their procedure
12. By filing certified copy appl in court
13.govt
14. Ok state the said fact in evidence
Police have filed FIR under section 506 for criminal intimidation , section 323 for voluntarily causing hurt .
2) whether case of attempt to murder is made out depends upon nature of injuries mentioned in medical report
3) your statement should be recorded by police during investigations
4) since you have not mentioned your wife name in complaint FIR does not include her name
5) police would fil charge sheet after completion of investigations
6) file an RTI application to obtain copy of charge sheet
7) statement of all accused has to be recorded
8) you don’t need to engage a lawyer
1. If your complaint indicated the offence of attempt to murder and have sufficient evidence to prove such acts, then it is not proper for the police to omit section 306 IPC, it should have been included along with the other offences mentioned therein.
2. Doctor cannot be booked for any offence, because he has not committed any offence, he has given his opinion, you can prove the crime during the trial proceedings.
3. You don't worry about this, you wait for the charge sheet to be filed after which you can file a petition under section 173 (8) cr.p.c. seeking re-investigation and to add other offences too.
4. You may not be able to access to the material objects retrieved by the police from the spot of crime, you may have to wait for the trial to begin to know about the facts, hence wait until then.
5. You may have to wait for the trial to begin after which you can prove yourself before court, don't worry about doctor's attitudes in this regard,
6. If your complaint do not contain her name then it may not be entertained by police or court at this stage.
7. You can obtain the same through RTI act.
8. You can wait and wait for the development.
9. The police will file the charge sheet itself before court directly.
10. You cannot force the police to obtain your statement, however the police will record your statement before filing the charge sheet.
11. Not necessary, the police will take action as per procedures of law.
12. No.
13. Your case will be prosecuted by the police through public prosecutor, you do not need to engage an advocate from your side,
14. You can state the same before court at the time of trial.
1 I have asked for chargesheet copy/Challan copy for FIR filed by police against my written complaint to them against the all accused but police has denied my copy of Chargesheet by giving reason of RTI's section 8(1)(h) Whether police is justifiable to deny me, the complainant, copy of Chargesheet/Challan Copy(As is called in Haryana) under RTI ACT, If not then what should I do further apart from appealing to appellate authority. 2 Police under RTI reply said they did file Chargesheet/Challan copy in competent court but when I checked case status on e-courts website by mentioning FIR No. then same is not traceable, What should I do further in this case. 3 If police does not file the chargesheet/challan in court even after 60 days then what next course of action should i take. 4 Regards another MLC done in Delhi when my wife has done physical assault against me in October,2021 and in September, 2021 my wife had filed one complaint against me in CAW cell in Delhi but Delhi Police has closed my MLC without taking any action and had given reason that my wife has filed complaint in CAW cell and that's why MLC be filed. Police has never taken my statement nor called me once for my MLC and whether same is legally right on part of police. Whether Delhi Police can close the MLC when Doctor had explicitly recommended to file MLC and what remedy i have available with me right now. 5 Whether i can get Chargesheet copy/Challan copy from court when Police submit chargesheet copy/Challan copy in the competent court.
The CIC Prof M Sridhar Acharyulu held on 3rd November 2014 that 'charge-sheet' has to be disclosed after separating non-disclosable portions, if any,
https://www.livelaw.in/copy-charge-sheet-denied-rti-act-cic/
2) as per the law, the jurisdictional court while taking cognizance of the offence; passes an order to supply a copy of the charge-sheet to the accused.
3)visit court premises and apply for certified copy of charge sheet
4) if police has wrongly closed MLC file private complaint before magistrate to direct police to investigate and submit report
you can get the charge sheet immediately after filing the same in court or later when you go to court for seeking the said CC
1. You can obtain a certified copy of the charge sheet from the court directly through your lawyer who has to file a vakalatnama and copy application on your behalf before the trial court.
2. You can engage an advocate and follow the above procedure.
3. You can file a petition against police seeking court direction for expeditious action.
4. If police did not take any action on your complaint then you may approach trial court with an application under section 156(3)Cr.p.c. seeking direction to police to take action on your complaint.
5. Yes, you can get the copy, follow the procedure suggested above.
Dear Client,
You can give affidavit along with copy application to the concerned department or else you can approach for a copy of the charge sheet where he/she can apply for you and give it to you or else you can engage a lawyer by filing application under 24 of code of criminal procedure and obtain a copy of the charge sheet and you can appoint he/she as prosecution assistance or a special public prosecutor in order to trial the matter.
You have a right to receive a copy of charge sheet along with all relevant papers including statements of witnesses and copies of other documents annexed there to. You do not have to pay any charges for this purpose and the copy has to given immediately after filling of the charge sheet this right has been provided under section 207 of the C.R.P.C.
Thank You.
