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CHECK LIST IN FILING A PRIVATE PLAINT
- Have the initial consultation.
- Collect all documents and evidence.
- Identify the witnesses.
- Draft the Private Plaint Charge sheet Affidavit and the list of witnesses and documents.
- When drafting the Plaint and the charge sheet be mindful of Sections 136 (1) (a) 164 165 of the Code of Criminal Procedure Act.
- Be mindful of Section 139 of the Code.
- The affidavit has to be drafted in accordance with the provisions relating to affidavits and the Oaths and Affirmations Act.
- You have to lead evidence to establish that there is a prima facie case. In an urgent case the Court can act on the affidavit.
- The affidavit cannot contain hearsay or inadmissible evidence.
- Be mindful of Section 135 of the Code. Sometimes Sanction to prosecute is necessary.
- Support and move for summons and or warrant.
- All annexes to the affidavit must be certified.
- No of copies Original plus No of accused
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