• Ensuring chargesheet has all the supporting documents given by the complainant

How can I ensure that the chargesheet in court when filed by the Police has all the documents that complainant had handed over to the investigating officer? I have a suspect that investigating officer might make a weak chargesheet by not submitting everything that I handed over to him to help support the accused during trial.
Asked 1 year ago in Criminal Law
Religion: Hindu

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8 Answers

Dear Client
Maintain a Record: Keep a record of all documents and evidence that you have provided to the investigating officer. This includes written statements, photographs, videos, or any other materials that you believe are relevant to the case. Having a clear record of what you have submitted can be helpful if you need to prove later that something was omitted.

Engage Legal Representation: Consult with a lawyer who specializes in criminal defense or the specific area of law relevant to your case. They can provide you with legal advice tailored to your situation and guide you on how to proceed.

Communicate with the Investigating Officer: Politely and professionally communicate your concerns to the investigating officer. Ask for a copy of the chargesheet when it is filed, and inquire about the inclusion of the documents and evidence you provided. Maintain a written record of all communications with the officer.

File an RTI Application: In India, you can file a Right to Information (RTI) application to request information from government agencies, including the police. You can file an RTI application to obtain copies of documents related to your case, including the chargesheet. This can help you verify what has been included in the chargesheet.

Seek Legal Remedies: If you believe that crucial evidence has been omitted from the chargesheet or if you have reasons to suspect misconduct by the investigating officer, you can consult with your lawyer about filing a petition or complaint with the appropriate authorities or the court.

Maintain Vigilance: Throughout the legal proceedings, continue to work closely with your lawyer to ensure that all relevant evidence is presented during the trial. Your lawyer can make applications to the court to include or highlight specific evidence if necessary.

Review the Chargesheet: Once you obtain a copy of the chargesheet, carefully review it with your lawyer. If you find that essential evidence is missing or misrepresented, your lawyer can take appropriate legal actions to address these issues.

Anik Miu
Advocate, Bangalore
10382 Answers
121 Consultations

documents which are not a part of the charge-sheet can also be received in evidence for prosecution after the commencement of the trial.

 

2) Section 173 of the Code requires the investigating officer to file a report before the Magistrate after the collection of evidence and examination of witnesses are done with.

 

3) even after filing of the charge-sheet, if the court is not satisfied, the Magistrate may order for further investigation.

Ajay Sethi
Advocate, Mumbai
97492 Answers
7881 Consultations

You can check the same when you receive the copy and if the documents are not there then appliy in court for tendering the same

Prashant Nayak
Advocate, Mumbai
32859 Answers
209 Consultations

If the charge sheet filed by police in the court is not consistent to your complaint and if you feel that the IO has missed out any grievances or omitted any necessary person in the charge sheet then you can file a  petition under section 173(8) for further investigation and under section 319 of cr.p.c. for including the omitted persons in the case.

You can file the documents you rely upon during the commencement of trial proceedings also if the police have omitted to include them along with the charge sheet

T Kalaiselvan
Advocate, Vellore
87694 Answers
2354 Consultations

  1. By appointing a watching advocate to look after your interests. 
  2. This will ensure there are no lapses, deliberate or otherwise, on the part of the prosecution. 
  3. You have to visit me for further advice  I'm based in Mumbai just as you are  
  4. ९८२०८९७८८४. (nine eight two zero eight nine seven eight eight four) 

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1587 Answers
5 Consultations

If you are a complainant or a victim in a criminal case, you have a right to get a copy of the charge sheet filed by the police along with all the relevant documents and statements annexed to it. You have to make an application for a certified copy of the charge sheet to the concerned court where the case is pending. You have to fill a form and affix the court fees and apply on an urgent basis. You may get the copy within three days or as per the court’s discretion.

If you find that the charge sheet filed by the police is incomplete, inaccurate, or biased, you can file a complaint against the investigating officer for negligence, misconduct, or malpractice. You can file a complaint with the higher authorities of the police department, such as the superintendent of police, the deputy inspector general of police, or the director general of police. You can also file a complaint with the State Human Rights Commission or the National Human Rights Commission. You can also file a writ petition in the High Court or the Supreme Court under Article 226 or Article 32 of the Constitution of India, respectively, seeking directions to the police to conduct a fair and impartial investigation and file a proper charge sheet.

 

Muraleedharan R
Advocate, Trivandrum
386 Answers
2 Consultations

- The Kerala High Court held that there is no bar on the prosecution producing relevant documents even after
submitting the final report or charge sheet with the permission of the court.
- Hence, if the said charge sheet is not having all the property documents submitted by you, then you can produce
the same before the court during trail.

Mohammed Shahzad
Advocate, Delhi
14758 Answers
224 Consultations

Apply for certified copy of file.

Yogendra Singh Rajawat
Advocate, Jaipur
23010 Answers
31 Consultations

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