How to proceed after charge sheet submission by lawyer in court, what happens after chargesheet is f

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1.Filing of a charge-sheet basically means that the investigation has been completed. However, in certain circumstances, the police may file a supplementary charge-sheet as well. 2. Upon the charge-sheet being filed in the Court, the Court applies its mind to the facts presented before it and on being satisfied that a prima-facie case is made out, the Court takes Cognizance of the offences mentioned in the charge-sheet. The Court can also take cognizance of additional offences if the documents presented before it reveal the commission of any other offence which may not be mentioned in the charge-sheet. 3. Arguments are then heard on ‘charge’. The accused argues the reasons as to why there is no ground for him to be charged at all or to be charged under a particular section and Prays for ‘discharge’. The prosecution argues why there is sufficient prima-facie evidence and grave suspicion on the basis of which the accused must go through trial for a particular offence. The Court then either discharges the accused through a reasoned order or frames charges against the accused. 4. The accused is then read out and explained the charge to which he may plead guilty or claim to be tried. If the accused pleads guilty, a judgment can be pronounced by the Court. If, the accused claims to be tried- the trial begins. 5. Prosecution conducts examination-in-chief of all its witnesses who are then cross-examined by the accused. The said witnesses could even be re-examined by the Prosecution if something new comes up during their cross-examination. 6. Upon completion of the Prosecution Evidence, the examination of the accused takes place. Questions are put to the accused based on the entire prosecution evidence and what does he have to say regarding all the evidence produced by the Prosecution. Then the accused is allowed to produce his evidence by way of defense evidence. The witnesses of the accused are examined-in-chief and then they are cross-examined by the prosecutor. They may also be re-examined by the accused if something new comes up during their cross-examination. 7. Final arguments are heard from both the parties and a date is fixed for the pronouncement of the judgment. An accused has to be present before the court on the day of the pronouncement. The accused may be acquitted or convicted. Upon acquittal of the accused, the trial comes to an end and all sureties etc. are discharged. Upon conviction of the accused, arguments on quantum of sentence are heard and finally the sentence is pronounced and the trial comes to an end. Both the orders, of acquittal and conviction can be challenged in a higher court. There are various other things which could take place during the trial for eg. addition of accused, re-calling of witnesses, calling additional witnesses, bail-jumping during trial, revision of orders etc.

Advocate Aveek Bose LawRato