Legal Question in Criminal Law in India
Chargesheet Filing require Case Diary or not ?
I want to know Wether Chargesheet can be filed without Case Diary or It can be filed with the copy of case Diary or it can only be filed alongwith original Case diary.
My case of 498A case diary called by HC for hearing of my mothers AB.if case diary is at the high court can police file chargesheet ?
3 Answers from Attorneys
Re: Chargesheet Filing require Case Diary or not ?
Case diary has nothing to do with filing of charge sheet.
Re: Chargesheet Filing require Case Diary or not ?
Case Diary is not part of the charge-sheet.
However, court can call for Case Diary for perusal.
Re: Chargesheet Filing require Case Diary or not ?
The case diary is NOT to be filed alongwith the charge sheet.
The charte-sheet / police report, filed under section 173 Cr. P. C., contains a brief summary of the investigation conducted by the police where case diary carries entries of all the details including departure/arrival of police officials on duty; case diary is not shown to the accused or his lawyer though court can see the same for its own verification.
There is nothing wrong for the police to file charge sheet in court when the case diary is in High Court.
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