Chargesheet and accused
kavita.sharma
(Querist) 27 February 2012
This query is : Resolved
is it leglly requires in any provosion that accused sud be produced alongwith chargsheet.can chargshit b produced without taking accused in custody?
thanks
kavita.sharma
(Querist) 27 February 2012
to be more particular my doubt is on the date of offence and on taking permission fro magistrate to investigate the main offence acused is traceless for which permission to investigate is sought.and now my question is can chargesheet be produced without taking accused in custody.
require correction if any in abv facts..
Raj Kumar Makkad
(Expert) 28 February 2012
The charge-sheet shall be filed only when the accused is produced before the court and without his production before the court, it cannot be filed.
kavita.sharma
(Querist) 28 February 2012
thanks for promt reply sir
Shantilal Pandya
(Expert) 28 February 2012
There is no restriction that the charge sheet cant be accepted by the court if the absconding accused is not produced , the charge sheet can be filed without the production of the accused and the court may then issue summons/warrant to bring the accused before the court.
Guest
(Expert) 28 February 2012
Dear Shri Shanti Lal ji,
With reference to your reply that being contradictory to the reply of Shri Makkad, a question arises in my mind, would the investigation in that case be complete to enable the police to file charge sheet when the accused is absconding and his statement is not taken in to account?
I hope you would like to advise on the aforesaid point.
Shri Makkad may also like to offer his comments on the point, if he likes on review of his reply with reference to the reply of Shri Shanti Lal ji.
Clarification may help to clear the confusion that could have arisen in the mind of the querist, and would also prove educative for other members.
N.K.Assumi
(Expert) 28 February 2012
With due respect to Makad observation, I have my reservation on this:I am of the view that charge sheet can be filed even in the absence of the accused. The reason being that filling of charge sheet before the court does not amount to trial of the case, because the trial will commence as soon as the accused is arrested including persons whether named or not in the charge sheet and charge is framed against the accused by the court. Will be grateful if there is any observations of the Apex court that charge sheet can not be filled, until the accused is produced before the court.
Deepak Nair
(Expert) 28 February 2012
In my view, there is no provision in law / CrPC which states that the charge sheet can be filed only in presence of accused. Thus, charge sheet can be filed even if the accused is not present before the court.
kuldeep kumar
(Expert) 28 February 2012
IF ACCUSED IS NOT AVAILABLE WHO WILL U CHARGE AND WITH WHAT SHEET.THAT MUCH INFORMATION SHOULD BE AVAILABLE WITH POLICE AS TO MAKE HIM MAKE CHARGE AND LATER SHEET.FINISHED
sibasish pattanayak
(Expert) 28 February 2012
Kavita.sharma,
ALL the opinions in this site are not to be consider as EXPERT OPINION, for example in your case mr. raj kr. makkad opined as above is totally out of LAW OF OUR LAND, IN REPLY to his expert opinion i wd like to request to mr. makkad pl consult with CRIMINAL PROCEDURE CODE first then opine.ref. u/s.173 of cr.p.c. onwards......, AND in reply to mr.p.s.dhingra , under which provission of law police is bound to record the statement of ACCUSED? WITHOUT RECORDING OF STATEMENT OF ACCUSED POLICE HAS EVERY RIGHT TO SUBMIT CHARGE SHEET. IF THE ACCUSED CONFES HIS GUILTY BEFORE THE POLICE AND POLICE SUBMIT CHARGE SHEET ON THAT BASIS THEN MAGISTRATE CAN CONVICT OR DISCHARGE HIM VICE VERSA? The law is on complition of investigation police can submit C/S( FINAL REPORT) WITHA PRAYER FOR TRY & PUNISH OR WITH A PRAYER FOR DISGHARGE AS THE CASE MAY BE.
FOR CONSULT CALL IN THE EVNG: 09874854594/09231668664/09477090999/9433074402,SIBASISH PATTANAYAK,ADVOCATE, KOLKATA.
Shonee Kapoor
(Expert) 28 February 2012
I would like to correct, without the accused joining/ apprehended/ enlarged on bail there can not be any chargesheet against that accused.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
venkatesh Rao
(Expert) 29 February 2012
Final Report (Charge sheet or B summary) can be , strictly speaking, should be filed when a FIR is pending before a magistrate.(1991 Crl.L.J. 1647 (All)
Charge sheet is nothing but the report on completion of investigation. There is no rule that accused must be procured before submitting charge sheet. In a fake note case, I have come across a charge sheet filed after investigation (showing the accused as absconding) without securing the accused at any point of time.
In another case, a driver of car dashed against a tree and died at spot. The police registered a case, investigated and filed a charge sheet against the accused showing him as dead. he magistrate took cognizance of the offence and closed the case as abated.
I am of the considered opinion that a charge sheet can be filed without taking the accused to custody.
Arun Kumar Bhagat
(Expert) 15 April 2012
I endorse the views of Mr. sibasish pattanayak as 100% perfect.
