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Mahadev   01 July 2017

498a/sec. 3/4 dp act - chargesheet submitted- next steps

Respected Lawyers/Members,

Advocate informed  today again Chargesheet (498A /Sec. 3/4 DP Act) is submitted and gave a date to come to Court in Sep.2017. When asked when will we get Summons from Court mentioning the same he says Court will not issue Summons and then said just came on this date .

My queries are :

1) Should i wait until Court summon is received or can i go based on date given by Advocate ? What is the rule ? Can other party still play games and get issued BW or NBW against me despite they Court not issuing any summons and they telling lies ( as always) that it was issued , you did not receive hence the warrant. How can i question or verify this in Court.

2) On the appointed day when i go what is the first step - Advocate says Bail formalities to be completed followed by going in front of Magistrate ? Is it like this or bail happens in front of magistrate ? What will Magistrate ask and will i be given all case papers including Chargesheet on that day ? What is the rule here ? Who will handover the documents to me - My Advocate or their Advocate or Magistrate ? If documents are not given can i approach Magistrate ?

3) How will i know when trial will start and what is the first date ? Will Magistrate immediately tell me what is the date or my advocate will inform me later.

4) What is the rule regarding Chargesheet submission - Is it like without informing accussed/accused advocate , Police can submit Chargesheet in Court ? My advocate says Police not given a Chargesheet copy even to him and secretly submitted it to Court .

5) I have been asking Police for Chargesheet copy but they are not giving. What is the rule - Should i get this only from Court and not from Police or can i approach Police higher authorities and they will ask lower Police to give me ?

Please could you help here as I am really not much aware what and how it will happen ?



Learning

 6 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     02 July 2017

Sir, kindly call to discuss !!!! Warm Regards Kapil Chandna Advocate 9899011450,9911218741

P. Venu (Advocate)     02 July 2017

The facts as stated are confusing. What is the present of the proceedings? Please post the complete facts.

Once the Police submits the final report to the court, summons would be issued to the accused. The, and then only the accused need to appear in the court.

Binod Kumar Mishra   07 July 2017

Please call me on 9431083750. If you are husband then chances were very much that magistrate will decline your bail. Pl make strategies and then move. Your post is not very much clear.

Binod Kumar Mishra   07 July 2017

Please call me on 9431083750. If you are husband then chances were very much that magistrate will decline your bail. Pl make strategies and then move. Your post is not very much clear.

Binod Kumar Mishra   07 July 2017

Please call me on 9431083750. If you are husband then chances were very much that magistrate will decline your bail. Pl make strategies and then move. Your post is not very much clear.

Binod Kumar Mishra   07 July 2017

Please call me on 9431083750. If you are husband then chances were very much that magistrate will decline your bail. Pl make strategies and then move. Your post is not very much clear.

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