1. Written Note to Magistrate:

YES, you can submit a short written note bringing the Further Investigation order to magistrate's attention. Submit it in open court (not private office) to maintain judicial propriety and create court record.​

2. Formal Application vs. Short Note:

• Short written note is sufficient for this administrative reminder​

• No formal application needed since you're not seeking relief, just drawing attention to existing order​

• You can present it in open court yourself without lawyer; court staff will file it​

3. Notice to Accused Side:

NOT required - This is purely administrative/procedural matter, not adversarial. You're assisting the court to avoid its own oversight, not taking a position against the accused.​

4. Private Meeting with Magistrate:

NOT advisable - Maintain open court procedure to avoid bias allegations. All submissions through open court only.​

Action Plan:

• Draft one-page note highlighting: (a) FI order date, (b) current investigation status, (c) request to consider before charge framing

• Submit tomorrow in open court through court staff

• Keep certified copy for your records

This approach is lawful and appropriate for administrative clarification.​

you have to represent your case through public prosecutor only. However, when judge would have been holding court, you can mention your case and the given information. 

The informant's lawyer should prepare a formal application or a "protest petition" (if a final report was already submitted) addressed to the CJM, referencing the previous order for further investigation and the ongoing status. This application should request the court to defer the framing of charges until the supplementary report from the ongoing further investigation is submitted by the police under Section 173(8) CrPC.

2)

cannot personally give a "short written note" directly to the Chief Judicial Magistrate (CJM) in open court or in the judge's private office

3) informant cannot go and meet the magistrate in his office 

You are entitled to bring the fact of the pending further-investigation order to the notice of the Magistrate before he signs the order on framing of charges, and you may do so without waiting for a lawyer. A short written application can be submitted by you as the informant, requesting the court not to proceed with charge-framing until the police completes the further investigation already ordered by the same court. This is legally proper, because a court cannot frame charges while further investigation under Section 173(8) CrPC is still in progress, unless the court expressly records reasons for doing so.

You should not attempt to meet the Magistrate privately in chambers. The correct method is to submit the written note or application either when the case is called in open court, or through the court staff with a request that it be placed before the Magistrate urgently, since the order has not yet been passed. A simple, one-page application is sufficient if it clearly mentions the case number, the date of the court’s earlier order directing further investigation, and the fact that the investigation is still pending. You may attach a certified copy of the further-investigation order to avoid any doubt.

If time is extremely short, even a handwritten application will be accepted, as long as it is signed and dated. You do not need to give advance notice or a copy to the accused side because you are not asking for any order against them—only requesting that the court refrain from passing an order prematurely while investigation is still in progress. The court may, if it wishes, call for their response later, but that does not prevent you from filing the application immediately

This is a very practical query — and you’ve understood the situation perfectly. Since timing is crucial and the order for framing of charges might come out any moment, you are absolutely right to act fast and bring the earlier “Further Investigation” order to the attention of the learned CJM. Here’s how you can proceed correctly, safely, and effectively — within the limits of law and court procedure.

1. Can the Informant write a short written note to the Magistrate (CJM)?

Yes, you can submit a short written note to the CJM to bring the fact of ongoing Further Investigation to his notice. However, you must do this properly through the court process, not informally or privately.

You can prepare a “Short Note/Information Note to the Hon’ble Court” mentioning:

• That in the same case, the Hon’ble CJM had already passed an order on [date] for Further Investigation under Section 156(3) CrPC.
• That the police is currently conducting this further investigation.
• That by oversight, the order was not reflected in the main order sheet but only placed in the file.
• Therefore, you respectfully request that the Hon’ble Court may kindly take note of the ongoing further investigation before passing any order on framing of charges.

You can submit this written note in Open Court during working hours, when the case is called out or even when the court is sitting, by handing it over to the court staff or Reader (Ahlmad) who will place it before the Magistrate. Do not give it in the CJM’s office personally — that is not advisable and might be misunderstood as an attempt to have an ex parte communication.

1. Will the written note work, or should you file a formal application?

Ideally, it is better to file a formal one-page application with the case title, case number, and your signature as Informant. You can write it in simple words such as:

“The purpose of this application is only to bring to the kind notice of this Hon’ble Court that Further Investigation is already in progress under order dated [date], and that the police has not yet submitted its supplementary report.”

Once filed, the court will likely take note immediately and defer passing any order on charge till the supplementary report comes. You can file this application yourself without an advocate. When your case is called, you can politely request permission to submit it as Informant. The Magistrate may either hear you briefly or simply mark it on record and direct the police/prosecutor to clarify the status.

1. Is notice to the accused/defence required?

No — in this particular instance, you are not seeking any relief against the accused, but only assisting the court by drawing attention to an existing order. Hence, no prior notice or copy to the defence is required. However, once the Magistrate takes the application on record, the defence may be informed naturally by the court during proceedings — that’s normal and fine.

1. Can the Informant meet the Magistrate privately?

No, you should not and must not attempt to meet the Magistrate (CJM) in private or in chambers. That would be viewed as ex parte communication, which is strictly prohibited.

Instead, the safest and most professional method is:

• Prepare a brief, respectful written application or note (one page).
• Take two copies — one for court filing and one for your record.
• When the case is called in Open Court, politely stand up and request:
  “Your Honour, I am the Informant in this matter. With your kind permission, I wish to place on record a short note regarding the ongoing Further Investigation ordered by this Hon’ble Court itself.”

Once permitted, hand it over to the Reader or Ahlmad, who will put it on file immediately.

1. Suggested immediate steps

• Draft the short note/application today itself.
• File it tomorrow morning before or during the case hearing hours.
• Politely ensure it is diarized and placed in the main file.
• Request that a copy of your filing be given back to you with the court seal and date for your record.

No the above meeting in private is not advisable 

You cannot give short written note to magistrate 

2) it is doubtful that court would accept your note 

3) submit formal application to court and request court for urgent hearing date 

Mention the case which you can do at anytime during sitting of presiding officer in court. This would take less time in comparison to posting free queries on this site. 

1. For the short written note, just your signature is enough, no stamp or oath commissioner certification needed.

2. If you submit a formal application without a scheduled hearing, you should also file a simple urgent listing request so the court takes it up promptly.

Submit either in open court through court staff, no lawyer needed.

1. The framing of charges is based on the charge sheet and investigation report filed by the police. If the further investigation report has not been filed by police yet then the court will take the further investigation into consideration during the time of trial.

You should engage an advocate and file a memo requesting the court to consider the further investigation report in the charges to be framed now.

2. What do you mean by informant, if you are not the defacto complainant then you cannot request the court to consider further investigation report in the charges to be framed.

3. The informant cannot file any memo until he is a defacto complainant. Any memo to be filed, a copy should be served on the opposite parties.

4. No, not permissible.

1. There is a procedure to be followed in this regard, hence you may better take the assistance of an advocate at least outside the court and file a petition and affidavit in this regard.

2. Whatever petition you want to file you can do so only on the next date of hearing only.

Since the court might pass an order on framing of charges at any moment, you are absolutely right in wanting to ensure the Magistrate is reminded of his own “Further Investigation” order before that happens. Here’s how to proceed safely, effectively, and within procedure — keeping in mind that you have no lawyer and very little time.

1. Regarding the short written note
The short written note does not need to be stamped or attested by an Oath Commissioner or Notary. It is not an affidavit or a formal pleading — it is merely an informational note to assist the court.

You only need to:

• Type or neatly write it on plain A4 paper.

• Mention the case title, case number, your name, and your role as the Informant.

• Sign it yourself at the bottom with the date.

That is fully sufficient. The note is not evidence — it is just meant to bring a fact already on record to the Magistrate’s attention. Court staff will place it in the case file once it is received in open court.

2. Regarding the formal application and urgent submission
If you choose to go with a short formal application (which is slightly more official than a note), you can still submit it without any “urgent listing” application. Here’s why:

• You are not asking for a new date, stay, or interim relief — you are only alerting the court about an existing order already passed by the same Magistrate.

• Such an application is treated as an “on-record submission,” not a fresh motion that needs formal listing.

• Therefore, you can directly hand it over in open court through the Reader (Ahlmad) or Naib Court when the court is sitting, even if your case is not listed that day.

You may politely say:
“Your Honour, I am the Informant in Case No. ___ of ___ Police Station. I seek your kind permission to place a short application on record to bring to the court’s notice that Further Investigation is already underway under your order dated ___. I humbly request that the court may kindly consider this before any order on framing of charges is issued.”

Usually, the Magistrate will accept it, mark it on record, and may pass a brief direction to the police or prosecutor.

You do not need a separate application for urgent listing — because technically, this is not a “listing matter.” You are assisting the court administratively and legally.

If you wish to be absolutely safe, take two copies of your note/application. When it is accepted, request the Reader to stamp and return one copy for your record.

This small step ensures you have proof that your communication has been officially received and placed on file before any order on charge is passed.

You cab go ahead as above without lawyer just take care of all the legalities in your said issue with due caution 

Dear Client, yes, you can inform the court by submitting a short written note, or maybe a simple application—in open court—advising the CJM that a Further Investigation order (Sept 2024) is already in effect and that a police report is pending. You can submit this to the Court Clerk or Court Reader to have it placed on the record, there is no need for you to be represented by a barrister or for a detailed hearing. Since you are only informing the court, you do not need to provide a copy to the accused. Please do not meet with the Magistrate in private; all submissions must be done in open court or through court staff. I hope this response was useful for you. If you have any other questions, please feel free to reach out.

some entry is needed

court may not entertain application before scheduled date 

2) ask your lawyer to submi the application on scheduled date if you cannot remain present 

2) if note has been placed in case file court would consider the same 

The court and procedures of law cannot be changed or altered due anyone's individual apprehensive fears.

If you are desirous of filing the proposed application before court you may have to abide by the procedures of prescribed law in this regard.

If you do not want to take a chance for your life then you may seek police protection on the basis of your apprehension.

You may discuss with your advocate in detail about all such practical issues.