Brisk 01 June 2018
Dear All,
Can the police submit the chargesheet in the court without taking any statement from the accussed (husband) or the accussed's family and proceed with the case in court? And what are the actions to be taken by the accussed in this situation?
Looking for your expert suggestions and guidence. Thanks in advance.
Vanshika Kapoor 08 June 2018
Under Section- 218, 228(2), 240(2), etc of C.rP.C., an accused has a right ot have due notice of the charges against him before the Case the proceedings of the Case begins. It is mandatory to read out the charge framed to the accused and explain it to him. He shall then be asked whether he pleads guilty to the charge or whether he claims to be tried. Basically, a statement of the accused is necesarry with regard to the alleged charges against him, before the case proceeds.
Moreover, mere reading of the charges is not sufficient. Where the charges are framed in the absence of the accused, the order of framing charges would be set aside.
Rahul Kapoor (Legal Enthusiast) 08 June 2018
Dear Brisk,
Statement of the accused may also be recorded during investigation under section 161 of CrPC.
If the chargesheet has been filed and Magistrate has taken the cognisance then you may approach the High Court having jurisdiction under section 482 of CrPC.
Regards
kapoor.legal@gmail.com
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