copy of FIR etc.

Querist : Anonymous (Querist) 14 April 2010 This query is : Resolved
Dear Sirs,

i have to defend an accused in a theft case.
my queries are.

1. can this offence be compounded? if so under which law and the respective section or clause?

2. i have filed my memo of appearance only now but the accused has already been examined by the judge to find out if the accused wanted to plead guilty and the accused has not pleaded guilty, therefore the case is slated for trial. my problem is that i have not received any papers such as FIR, Police Report and statements of witnesses. the bench clerk is saying that papers have already been given to the accused. if i ask for papers orally in the next hearing and they are denied by the judge can i file a memo stating that i have not received the papers? thanks.

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Kiran Kumar (Expert) 14 April 2010
to know the compounding aspect pls refer to the S.320 of Cr.P.C and few recent judgments of SC in this regard.

as far as papers are concerned why to create complexities, approach the clerk attached to the court and get the copies obviously I am referring to the out of court procedure (the methodology u know).

Raj Kumar Makkad (Expert) 14 April 2010
I do agree with rajeev. additionally want to say that this offence cannot be compounded and you should not move in this regard in the interest of your cleint.

O. Mahalakshmi (Expert) 20 April 2010
I agree with Raj Kumar.

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