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 ?
