Imp query for chargesheet submittal
manish rama
(Querist) 09 February 2013
This query is : Resolved
Dear All.
We are all NRIs leaving outside india, there was a case under sec 420,465,464,471 and 120B in Bombay.We received our AB and also amendment to travel outside india.
The accused are 7 people , 3 family members and 4 society members from the building.
My query is recently one of the family member when went to india, the police came to the house, gave a police challan and informed the chargesheet is going to be submitted in this month and the family member signed the same.The other family members are all NRIs and they have not received any challan , neither have the other 4 society members received any challan from the police
What should be done now? What is the next step , do the other 2 family members need to go to india on the date of the court?
Please advice all
Nadeem Qureshi
(Expert) 09 February 2013
Dear Manish Rama
As per your information police challan's mean Summon of Court or any other Challan, it is not Clear?
if that document/challan is police notice u/s 160 of Crpc then Chargesheet has not been submitted before the court and if that document is summon of the court then Chargesheet has been submitted before the court and court issue summon against accused to appear before court to hearing of the case.
It's depend on the Chargesheet, if you think or you have any proof that you are not involve in the matter and no offence has been made out against you, you can go for quashing the chargesheet before High court of your state u/s 482 of Cr.PC.
Raj Kumar Makkad
(Expert) 09 February 2013
In the given facts of your query, the other accused persons should also go to court and should receive their respective copies of the charge-sheets so that the trial of the case same start therefrom.
manish rama
(Querist) 10 February 2013
Dear Senior Members ( Mr Nadeem & Mr Raj ), thank you for the prompt reply.
I still believe I did not get the solution to my query.
Mr Nadeem we tried for quashing for FIR in high court, but petition got dismissed.
I wish to inform that the FIR was on 7 members (father , mother , son & 4 society members ).
Recently when one of the family member went to India , the police came to the house and asked to sign a document saying chargesheet will be submitted in trial court to the magistrate.The other two family members are still outside india and have not received any notification.
Neither have the 4 society members on whom the FIR was have received any notification from the Police.
So should the other two family members also go to india on the date when chargesheet is submitted in the trial court??
Awaiting your reply.
Regards
manish rama
(Querist) 10 February 2013
Also please if senior members can inform , in case the other two family members if they do not go to india ( because no notification ) is received, will there be an arrest warrant issued on other two family members?
adv. rajeev ( rajoo )
(Expert) 10 February 2013
If summons are not served on you then you need not go to the court, but remember it court may issue NBW. So if you have appointed an advocate then appear before the court and get the copies. Copies of charge sheet will be supplied in the court only.
manish rama
(Querist) 10 February 2013
Thank You Adv Rajeev for your reply.
So if we do not attend court , as we are out of india, and we did not get summon , does that mean NBW will be issued ?
What do u suggest we should do , go to india or not go to india?
We have not appointed any lawyer for the trial court yet.
Raj Kumar Makkad
(Expert) 10 February 2013
You need to go to to India to first collect copies of the charge-sheet and then to face trial. Notice of the police is sufficient to advise you to appear before the court. It is the duty if the police to inform the accused persons to come present before the court for this purpose failing which the police may obtain NBW of such accused persons from court and even may pray to cancel the bail.
Rajarshi Bhowmik
(Expert) 12 February 2013
It is advised to appear before the court and to face the trial. Look if the other person remains absent for long it will not result any solution it only will drag the case for long and invite trouble. Quashing of C.S. can be done if there is no PRIMA FACE MATERIEL to implicit you in the case is absent. The other option is after supply of choppy file an application u/s 239 crpc (which I recommend) before the ld trial Court first then if your petition is dismissed you may file applications before the ld Seassin Judge, Hon'ble High Court, Hon;ble Supreme Court to get justice. But first obtain the copy of Charge Sheet and the statements recorded by the police u/s 161 Crpc by the witnesses of the case the Trial court will supply the free copy of the same then asses the whole situation on merits and then proceed. For any further advice You may mail advicaterajarshibhowmik@gmail.com or visit www.rajarshibhowmik.webs.com
best of luck
