How to incorporate more documents in the judicial file.

Querist : Anonymous (Querist) 13 December 2011 This query is : Resolved
DEAR MEMBERS,

FIRSTLY MY CASE IS AT THE STAGE OF FRAMING OF CHARGES.

I HAVE SOME DOCUMENTS WITH ME THAT HAVE BEEN COLLECTED BY THE SDM COURT SAKET, WHICH THE IO OF MY CASE HAS CONVENIENTLY NOT COLLECTED AND PUT IN THE CHALLAN FILED BY HER.

FURTHER IN MY ARGUMENTS WHEN I TOLD THE HON'BLE COURT THAT THESE DOCUMENTS ARE REALLY VERY IMPORTANT FOR FRAMING OF CHARGES AND THESE SHOULD BE INCORPORATED IN THE JUDICIAL FILE. THE COURT ASKED A LEGAL QUESTION THAT, UNDER WHAT SECTION YOU WANT COURT TO INCORPORATE THOSE DOCUMENTS.

THEREAFTER I HAD TO FILE AN APPLICATION AND GET THE SAME SUPPLIED TO THE ACCUSED, FORWARDED THROUGH THE APP STATE, FOR WHICH THE HEARING WILL TAKE PLACE ON THE N.D.O.H.

PLS SUGGEST ME UNDER WHICH SECTION THIS APPLICATION IS ACCEPTED WHEN THE I.O. DOES NOT DO THE NEEDFUL AND FURTHER IF THERE ARE ANY PREVIOUS H.C. OR S.C. RULINGS AND CITATIONS TO HELP ME OVERCOME MY PROBLEM IN THE N.D.O.H.

THANX AND REGARDS TO ALL.

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Raj Kumar Makkad (Expert) 13 December 2011
As you are complainant in the aforesaid case and IO has deliberately left some lacuena in the investigation by leaving some important documents in the challan so you can pray before court under section 173 (8) Criminal Procedure Code to ensure the investigation from some senior reliable police officer and ensure those documents put on file. Trial Court has been empowered now to monitor free and fair investigation.

Rohtash Babu Patel (Expert) 13 December 2011
I agree with Mr. Raj Kumar Police can file Sup Charge-sheet under Section 173 (8) Cr. P.c

Querist : Anonymous (Querist) 13 December 2011
Sir thanx for the reply, but sup. Charge sheet have already been filed after MM's order and then cognizance of 313 ipc ws taken for session trial

Querist : Anonymous (Querist) 13 December 2011
MM's court did not take these papers and these are cert. True copies from SDM court nd are very imp. For the stage of framing of charges. Pls help sir. Thanx.

adv. rajeev ( rajoo ) (Expert) 14 December 2011
There is no provision to incorporate the documents at the time of filing the chargesheet. You produce those documents at the time of defense evidence.

Devajyoti Barman (Expert) 14 December 2011
Nothing to worry. Even if the court frames the charges you can subsequently pray for addition of charge on the basis of those documents.
Since the charge is not filed as yet, the police has not filed any supplementary charge sheet, you can not ask the court to consider those documents.

Guest (Expert) 14 December 2011
Agree with common views of the experts.

Shonee Kapoor (Expert) 15 December 2011
Agreed with experts.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

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