IPC 420 & 471

This query is : Resolved 

Querist : Anonymous (Querist)
12 February 2010

In 2006 i was booked under IPC 420 & 471 for having 2 PP. After i came out on bail the judge said me to come back when i receive summon from court. But till now no charge sheet has been filed from my PS. In this duration my lawyer passed away and i dont have any copy of case so with the help of his assistant i have applied for a copy from court but the reply is they have misplaced my file and still searching from the last 6 months.
Both of my PP are in court.

My Queries are :
1. Is there a time limit for IPC 420 & 471 to be solved in certain period?

2. Now its 4 years nothing happened so will my case get dismissed by any chance?

3. Please advise as i am facing lot of problems without any job here.

raj kumar makkad (Expert)
12 February 2010

1. No there is no such time limit.

2. Case is not treated as dismissed in such cases untill a specific order is passed.

3. You can seek you passports on sapurdari till the finalization of the case by depositing some other security to the satisfaction of the court to the effect that you shall produce those passports as and when required.

Kiran Kumar (Expert)
12 February 2010

as Mr. Makkad advised that u can apply for the release of Passports.

on the other side u may approach concerned High Court for quashing the FIR/ Complaint as it has been pending for the last 4 years and police has not been able to file Challan in the matter.

there have been few judgments by SC in this regard, if the fault is on the part of police/ investigating agency then accused is not supposed to be living with hanging sword.

visit some local lawyer with all documents for more details on the matter.

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