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Still haven' received any summons for charge sheet filed what to do
27-Dec-2023 (In Criminal Law)
On 21 August 2015, I filed a FIR against an army driver for killing my brother in an accident. Three months later, on 21 November 2015, the police filed a chargesheet in which the army driver was found guilty under section 304(a) and section 279 of IPC. However, it has been more than a year since the charge sheet was filed, I haven't received summon as yet. What should I do?
It cannot be that the drier can be found guilty instantaneoualy. Unless there is a confession which usually is not the case. Please see that the trial must still be going on. and why should you receive the summons how are you involved.
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Adv. Shobhit Bhatia
Delhi | 100+ Answers
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Dear Sir
since you are the complainant you will not be getting any summons or notice from the court about the proceedings since a case started on filling of chargesheet is a state case and hence the public prosecutor takes on the same but you are free to hire your own counsel and fight the case against the guilty one. further you can also file case before Motor Accident Claim Tribunal from where you can claim compensation for the death of your brother. you will only be getting summons if you have been made a witness in the case as and when court will call you to depose.
since you are the complainant you will not be getting any summons or notice from the court about the proceedings since a case started on filling of chargesheet is a state case and hence the public prosecutor takes on the same but you are free to hire your own counsel and fight the case against the guilty one. further you can also file case before Motor Accident Claim Tribunal from where you can claim compensation for the death of your brother. you will only be getting summons if you have been made a witness in the case as and when court will call you to depose.
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Adv. Harshit Jain
Delhi | 100+ Answers
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You can go and find out the status from the court itself if charge sheet has been filed why no summons has been issued the court itself will be in a better position to update you for the same or even the IO of the case can be asked for the same.
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Adv. Nishant Solanki
Delhi | 200+ Answers
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You can enquire about your case from the court in which your case is pending and if you don't know the court then you can directly approach to the police station in which you have lodged FIR they will tell you the status of your case and if you have little bit knowledge about investigating officer of this case then you can ask your question from him regarding this case
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Adv. Siddharth Dev
Delhi | 200+ Answers
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Hi, You need to approach the office of the court where the case is pending and confirm the next date of hearing. You may receive summons where you are required to appear as witness in the case. It's better to be proactive.
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Adv. Ganesh Singh
Delhi | 500+ Answers
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