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Criminal proceedings: framing of charge

Hello respected distinguished members kindly reply the following queries and oblige. i will be ever grateful.

1) After Prosecution has closed its evidence in CBI Court wheather the " Framing of Charge" can be amended/ corrected by CBI or by the court? ( Framing of charge has serious error and is contrary to CBI Chargesheet).

2) Wheather written statement of Defence u/s 313 CrPc can be submitted by the Accused under his own signature without requiring counter sign of his Advocate.

(When the Advocate appears hostile)

3) If the Advocate of the Accused is not cooperative wheather certain documents can be filed by Accused without assistance of his Advocate.

further if the original documents are retained by the Advocate and is reluctant to return the same to accused (client) then wheather Xerox copies attested by Accused himself on Affidavit can be filed in the court? 



Learning

 1 Replies

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     22 May 2013

Dear Mr. Prakash,

my query to you why charge would be added or altered.

If it comes before the court that some thing has left during proceeding then before the conclusion of trial court has all the power to add/ amend/ alter the charge.

 

it would be beneficial if the charge is different and chargesheet is different.

U/s 313 Cr.P.C court will ask questions to you and you have to reply accordingly.

you don't have to give any writtne statement. but you can bring defense evidence in support of your case.

what is the reason, why advocate is not returning your documents. immediately report matter to bar association or bar council by giving this threat you will get the gocuments. even if he don't comply then file complaint as this is matter of your life. you will get documents.

yes, you can use xerox as secondary evidence in your case.

 

Rajiv Bhasin 

Advocate

Bhasin & Associate

bhasin.laws@yahoo.com

9811210505

 


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