What happens if chargesheet is filed?

Asked by: Dr. Garry Berge Jr.  |  Last update: February 19, 2022
Score: 4.8/5 (74 votes)

The purpose of a charge-sheet is to notify a person of criminal charges being issued against them. After the charge-sheet is filed, the person against whom the charge-sheet has been filed comes to be known as an accused. The filing of charge-sheet with the magistrate indicates commencement of criminal proceedings.

Can a case be withdrawn after chargesheet is filed?

Once the charge sheet is submitted, the process of trial starts and it is for the to decide whether the charge is established or not. The court can discharge the accused if there is no prima facei case.

What happens after charge sheet is submitted?

Once the charge sheet has been submitted to a court of law, the court decides as to who among the accused has sufficient prima facie evidence against them to be put on trial. After the court pronounces its order on framing of charges, prosecution proceedings against the accused begin in the judicial system.

Can chargesheet be challenged?

A charge sheet can be quashed by the High Court as per section 483 of the Code of Criminal Proceedings, 1973, under this section the court has an inherent power to make any court that may be necessary to prevent the abuse of the power and to secure the ends of the justice.

How do I know if my chargesheet is filed?

You can ask your lawyer to check on it. If you're a third party who wants to gather information then you can file an application under the Right To Information Act (RTI) Act which is your legal right. Another alternative is that you can check from the concerned district court's website.

ROLE OF CHARGESHEET TO GET BAIL || Chargesheet का क्या Role है Bail लेने में?

24 related questions found

How do you challenge chargesheet?

Once the closure report is filed before the Magistrate, he may accept and the report the case as closed, direct a further investigation into the case, issue a notice to the first informant as he is the only person who can challenge the report or he may directly reject the closure and take cognizance of the case.

Can bail be granted before charge sheet?

While specifying as to what procedure is to be adopted in filing an application for default bail, the Supreme Court in Rakesh Kumar Paul (Supra) held by the majority judgment that even an oral application for grant of default bail would suffice, and so long as such application is made before the charge sheet is filed ...

Can a chargesheet be quashed?

Criminal proceedings against an accused person cannot be quashed merely because the charge-sheet was not filed by the police against some of his co-accused in the case, the Supreme Court has clarified. ... The case was based on a complaint filed by Suvarna Cooperative Bank in Karnataka.

What is the importance of charge sheet?

It is on the basis of the charge sheet and other finding of records, the magistrate frames the charge against the accused, whether to plead guilty or not. Charge sheet is an important mechanism which the magistrates scrutinizes and makes a pre-inquiry of it to understand the culpability of the offender in the crime.

Can 498a be quashed after chargesheet?

Yes you can approach for the quashing of the FIR before the high court as contested and if there is any settlement between the parties than also you both the parties can file the quashing for the quashing of the FIR.

Can a chargesheet be amended?

The court may order a charge-sheet or indictment to be amended in any manner the court thinks necessary. An order may be made before or during a trial or hearing, unless the required amendment would cause injustice to the accused (CPA 2009 s8, s165).

What is the difference between chargesheet and final report?

If the case is sent up for trial, the report made therein is known as “Charge-Sheet”. Whether the case is not sent up for trial, the report submitted by the police is called “Final Report”.

Can magistrate order further investigation after taking cognizance?

'Further Investigation' can only be done after the police report has been filed. ... But the exact opposite was held in the case of Amrutbhai Shambhubhai Patel vs Sumanbhai Kantibhai Patel that after taking cognizance, an order of 'Further Investigation' cannot be passed by the magistrate.

What happens after chargesheet is filed in India?

The counsel for the-accused stated that as a matter of routine by lower-courts, once the chargesheet is filed, the accused is arrested by the Investigating-Officers or sent to custody by the courts themselves even if a person is not arrested during investigation; thus he was constrained to defy the summon and apply for ...

What if accused died during trial?

Abatement of proceedings on the death of the accused:

The ultimate object of the criminal proceedings is to punish the accused on his conviction of any offence. Therefore, the criminal proceedings abate on the death of the accused, as their continuance thereafter will be infructuous and meaningless.

Can I withdraw my case from court?

Complainant can withdraw a criminal complaint filed in the court by appearing for the Court and making a statement that he/she wishes to withdraw the complaint. Withdrawing is a matter of right. The Court will record your statement, which is then signed by you. The complaint is officially closed then.

How is charge different from chargesheet?

The FIR is the document which describes the main offence that took place, the charge sheet on the other hand is the formal police record showing the names of the people brought in the custody, the charges they are brought in for and the identity of the accusers.

Is chargesheet an evidence?

As per section 174 of the Code of Criminal Procedure, 1973, a report which is made by the police officers after completion of the final investigation is known as the chargesheet. The report is related to the crime which is held against the plaintiff by the accused in order to collect the evidence.

What happens when chargesheet is not submitted?

AFTER THE fir IS LODGED , the police has 90 days to file the chargesheet, if it fails to file the charge sheet , you are entitled to bail. so if the 90 days are past hen approach your lawyer and get yourself a bail.

What happens after framing of charges?

After the charges are framed then the Prosecution(State) will lead evidence, the Prosecution Witness will appear in court and will depose and then you can cross examine them, after all the witnesses are examined then you can give your statement and lead the witness and then the court will pronounce its judgement.

How do you quash FIR after chargesheet?

The Supreme Court held that while exercising the power under section 482 of the CRPC, the court can quash the FIR even if the charge sheet has been filed, as the power under section 482 is to be exercised to prevent the abuse of process and miscarriage of justice.

How many days it takes to quash an FIR?

The quashing of FIR takes between 2 to 5 hearings to get the case quashed which will take anywhere between 10 days to 3 months. The law is supreme. It gives rights to every person without bias. The quashing of fir is also a right, but not a mandatory or law bound process like the appeal or revision for the petitioner.

Can bail be denied after chargesheet?

The Supreme Court Thursday issued guidelines for granting bail after the filing of charge sheet and said trial courts are not precluded from granting interim relief considering the accused's conduct during the probe.

How long is bail valid for?

The bail order is valid till FF report is filed in the Trial court by the Police. When the trial starts you will recieve a summon to appear there. Again you have to file a bail application and bailor to remain on regular bail and the trial will continue.

What is the period of bail?

The period of 90/60 days is the total period of custody - police custody and/or judicial custody - that can be authorized by the magistrate. In the case of Union of India V Nirala Yadav13 our Hon'ble Apex court held that Magistrate should decide the application for statutory bail on the same day it is filed.