Quick Answer: Who Files A Charge Sheet In The Court?

What happens after charge sheet?

Once the chargesheet is filed, the next procedure will be for the court to take congisance of the same.

A court could also be set up on the jail premises.

Once the court is seized of the matter, then the judge will issue summons to all the accused.

In case any of the accused are on bail, then a summons is issued..

Can charge sheet be challenged?

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.

What happens if charge sheet is not filed?

An indefeasible right accrues in favour of the accused for being released on bail if the police fails to complete the probe and no charge-sheet is filed within the period of 90 days or 60 days as the case may be, under Section 167 (2) of Code of Criminal Procedure, 1973.

Can FIR be closed by police?

Answer: On completion of the investigation in an FIR, police is required to submit a report to the Magistrate under Section 173 of the Criminal Procedure Code (Cr. P.C.). … Therefore, if the police has closed the investigation in your FIR, they would be filing a closure report before the Magistrate.

Why is a charge sheet important?

A charge sheet is a final report prepared by the investigation or law enforcement agencies for proving the accusation of a crime in a criminal court of law. … 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.

What if chargesheet is not filed within 90 days?

Without submission of charge sheet within 60 days or 90 days as may be applicable, an accused cannot be detained by the Police. The provision gives due recognition to the personal liberty.” “The order of this Court dated 23.03.

What is the difference between FIR and charge sheet?

A brief comparison between FIR & charge sheet: FIR is a written document prepared by the police when they receive information about the commission of a cognizable offence but a charge sheet is a formal document of accusation prepared by a law enforcement agency.

Is charge sheet a public document?

Orders of a civil court, FIR, Charge-sheet Gunasekaran. A charge-sheet filed under Section 120-B of Indian Penal Code, 1860 against any individual is held to be a public document as stated in the case of The Royal Sundaram Alliance vs D. Gunasekaran and is admissible as evidence without any proof.

What is a charge sheet What does a court do after receiving a charge sheet?

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 him 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.

What is charge sheet filing?

A charge sheet is distinct from the First Information Report (FIR), which is the core document that describes a crime that has been committed. … Once the charge sheet has been submitted to a court of law, prosecution proceedings against the accused begin in the judicial system.

Where the charge sheet is filed?

Under Section 173(2) of the Cr. P.C. charge sheet/ police report is submitted to the Magistrate after completion of the investigations. Only after filing of the charge sheet/report, under Section 204 of the Cr. P.C., the Magistrate takes the cognisance of the charge sheet.

How do you prepare a charge sheet?

The Procedure follows as(1) Complaint lodged against the Government Officials. … (2) Carrying out Preliminary Inquiry. … (3) Show Cause Notice to Official. … (4) Response against Show Cause Notice. … (5) Serving of Charge Sheet. … (6) Response to the Charge-sheet. … (7) Scrutiny of Response of Official.More items…•

Can a court alter charge?

Court may alter charge. —(1) Any court may alter or add to any charge at any time before judgment is pronounced. (2) Every such alteration or addition shall be read and explained to the accused. … Whenever such an alteration or addition is made, it is to be read out and explained to the accused.