Regarding 498a incomplete Chargesheet & charge-framing

[Govind singh]

Dear Sir,
In my 498a case in Haryana, chargesheet (CS) was served yesterday. After going through the CS, I found references to several complaints (mentioned without date of the complaints) copy of which are not attached with the CS. A list of the witness is also attached with CS along with statement of the witnesses except statement of two witnesses. I have been given 18-Oct-2016 as date for charge framing. I requested for a date early in November 2016 for charge-framing but judge favoured the opp party lawyer who wanted me to have less time for charge framing. Even my lawyer is not helpful and cooperting and i need to change him. My queries are:
1. Since some of the complaints referred in the CS have not been provided along with CS, what shall I do to get them?
2. Statement of two witnesses are not attached with CS, what shall to do to get them or find whether those witnesses have given any statement or not?
3. From my previous experience with judge, the judge seems completly biased towards opp. Party. Is it possible to get the case shifted to court of some other judge, if yes, please tell me the procedure?
4. References to some documents of investigation by police have been made in CS but those documents of police investigation on complaint of my wife were not provided with CS. Can I request court to postpone charge framing until I am provided those documents?
Thank you.

[Dr. Ashok Dhamija]

For (1) & (2), you may request / apply to the court to provide copies of those documents / statements that have not been given to you.

For (3), transfer of the case to another judge may be possible if you can show proof of the strong bias of the judge which may show that there would be miscarriage of justice. Offence under Section 498A IPC is triable by a Magistrate court. The court of Chief Judicial Magistrate has the power to transfer a case from one Magistrate court to another. You can make an application if you so wish.

For (4), you may request the court for adjourning the date for framing the charge if you have a justifiable reason. It is up to the court to agree or not.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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