rajkumar 11 July 2017

When and how chargesheet is filed?

I have following question about the chargesheet,

1. They have arrested one person related to the case with that they can file charge sheet ? however the main accussed is still out, So they will make the chargesheet as not-arrested person is main person in the case or they will use the arrested person as main person for the case. normally at what siutation they file chargesheet.

2. After they file chargesheet, if they mention the not-arrested person as main accused, then court may put warrant on him ?

3. what is the possiblity of getting bail after chargesheet is filed ?

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4 Replies

Raveena Kataria (Advocate ) 11 July 2017

A charge-sheet is filed by the police after investigation has been conducted by them into the case and they have taken statements from the witnesses.

The court may arrest a person without warrant if the offence the accused appears to be guilty of is a cognizable offense. If not, they mave serve him with notice. If the police have left out the main accused from the charge sheet and you have definite proof that he's guilty, you can appraoch the magistrate along with evidence/list of witnesses. If he deems so fit, he may alter the charge u/s 216 of CrPC.

Raveena Kataria (Advocate ) 11 July 2017

If the offence is bailable, the court is bound to have the accused released upon payment of bail. If the offence is NOT bailable, granting bail depends strictly upon court's discretion.

jyotirmaya behera (advocate) 11 July 2017

The charge-sheet is filed after complete of investigation. In that investigation every things may indicated like facts , witness, injured person with detail, seizer list etc. before the court.

Jyotirmaya Prasad Behera

Advocate, Orissa High Court

9132319262

rajkumar 13 July 2017

Thanks for your Response. If the person indirectly related to case and may be a A5 is arrested, custody over and the main accused is not yet secured by police, at this stage, will the police file the Charge sheet or not?

if the chargesheet is filed, will the Court issue warrant on others ? if the case is under IPC 420.

Looking forward for details on court if the charge sheet is filed or Delayed by police even after one is arrested and not being granted bail for around 1 month.