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FIR versus Chargesheet

Page no : 2

manish (Advocate)     30 September 2010

madam in one case complainant robbed by his nephew and they were not arrested by police but after asking the information they showed that the accused were released on bond, and till today they are not arrested not a chargesheet filed the incident occured before 2 years, complainant is waiting for justice

Suchitra. S (Advocate)     30 September 2010

Manish Sir, in that case they can file a case in HC to get orders from the court directing police to file charge sheet.


(Guest)

Here is a link that will be  helpful to all

https://www.lawyersclubindia.com/forum/what-is-charge-sheet-8252.asp

When a Police officer gives a Police report under section 173 Cr.P.C. recommending prosecution, it is called a charge sheet. After questioning the accused and hearing the arguments, the magistrate frames charges on the accused for which he is tried. “

Here is a definition from a case (K.VEERASWAMI vs UNION OF INDIA (1991) 3 SCC 655)

“The investigating officer collects material from all sides and prepares a report, which he files in the court as charge-sheet. The charge-sheet is nothing but a final report of police officer under Section 173(2) of the Cr.P.C. The statutory requirement of the report under Section 173(2) would be complied with of the various details prescribed therein are included in the report. This report is intimation to the magistrate that upon investigation into a cognizable offence the Investigation Officer has been able to procure sufficient evidence for the court to inquire into the offence and the necessary information is being sent to the court. In fact, the report under Section 173(2), purports to be an opinion of the Investigating Officer that as far as he is concerned he has been able to procure sufficient material for the trial of the accused by the Court. The report is complete if it is accompanied with all the documents and statements of witnesses required by Section 175(5). Nothing more need be stated in the report of the Investigating Officer. It is also not necessary that all the details of the offence must be stated. The details of the offence are required to be proved to bring home the guilt to the accused at a later stage i.e. in the course of the trial of the case by adducing acceptable evidence.“  - By Shree. Advocate. .


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