Querist :
Anonymous
(Querist) 03 March 2011
This query is : Resolved
as i did not get any reply when i posted the same content earlier i am posting it again.please dont mind
1) will any case argument (before judge at the time of trial) will be done based on Charge sheet and its data alone ?
2) will there be any other report on which arguments will be done ?
3)IS IT MANDATORY FOR POLICE PEOPLE TO LIST OUT ALL THE INVESTIGATIONS WHICH THEY HAVE DONE IN CHARGE SHEET ALONE OR CAN THEY GIVE IT IN ANY OTHER REPORT ?
Guest
(Expert) 03 March 2011
KINDLY NOTE THAT IN CASE OF ANY CRIME TAKING PLACE.A FIRST INFORMATION REPORT (F.I.R.)IS FILED IN NEAREST POLICE STATION HAVING AREA JURISDICTION.IT CONTAINS ALL DETAILS OF CRIME AND ACCUSED. THEN POLICE INVESTIGATE THE SAID CRIME AND RECORD THE STATEMENTS OF WITNESSES,ARREST THE ACCUSED SEIZE THE STOLEN PROPERTY ,AND WEAPON OF CRIME AND SUBMIT MEDICAL EVIDENCE AND OTHER EVIDENCE AND PRODUCE BEFORE THE COURT IN THE FORM OF CHARGE SHEET.IN CASE ANY FURTHER DOCUMENTS ARE TO BE PRODUCED IN COURT THEN APPLICATION WILL BE SUBMITED AND THEN ADVOCATE FOR THE STATE AND ADVOCATE FOR ACCUSED WILL ARGUE ON THE LAW POINTS AND COURT WILL DECIDE BY PASSING APPROPRIATE ORDER.KINDLY REFER THE LAW PROVISIONS OF CRIMINAL PROCEDURE CODE AND INDIAN PENAL CODE.GOOD LUCK.
A Truthseeker
(Expert) 06 March 2011
u have asked whether only chargesheet and the data can form the basis of argument before a judge in a criminal trial. a criminal trial has 3 stages . investigation, inquiry and trial. when a crime is committed first FIR is lodged in cognizable cases. then police investigate the case. police go to the spot. examine witnesses collect evidence and prepare case diary . when the investigation is complere the police sunmit the chargesheet. the magistrate then tades cognizance and issseue proceess against the chargesgeeted accused persons if thet are on bail. then the trial begins befgore the magistrate. and magistrate then frame charge and after framing chage take evidence. aftere takimg evidence fpr the prosecutio n and the defence the accused is ecamined u/s 313 cr.p.c and then on;y argument is heard whereafter the judge pronounce judgement.
Advocate. Arunagiri
(Expert) 06 March 2011
The arguments can be submitted to prove your case, to disprove the other parties case with relevant facts and evidences already on record, supported by the citations.
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