41 a crpc notice not served, chargesheet submitted in 498a
Querist :
Anonymous
(Querist) 09 June 2024
This query is : Resolved
My daughter in law has filed 498A case a gainst my family. Police didnot send any notice to me & not call me. Even pllice did not visit my residence. But pllice chargesheet against me. I heared that, police call my son over telephone. But did not send any notice at my residence.
Is police bound to send me notice u/s 41A CRPC to all members of my family ?
T. Kalaiselvan, Advocate
(Expert) 09 June 2024
If the police has registered FIR without inquiry or filed charge sheet without investigation you can either file a quash petition before high court or a discharge petition before trial court.
P. Venu
(Expert) 11 June 2024
"But pllice chargesheet against me" -what is the source of your information? Have you received summons from the Trial Court? If so, what is the stage of the case?
Querist :
Anonymous
(Querist) 11 June 2024
I have received certified copy of chargesheet.
T. Kalaiselvan, Advocate
(Expert) 12 June 2024
If you are welcome implicated in the charge sheet you have to appear before court to participate in the criminal proceedings initiated against you
P. Venu
(Expert) 12 June 2024
I am afraid the reply is inchoate. Is it that you have appeared in the the Trial Court in response to the summons and on appearance, provided with copy of the charge report or that, having got hint of the case filed, you have obtained certified copy of the 'charge-sheet'. If the latter case, is it the copy of the FIR or Charge Report or both?
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