Chargesheet

Guest (Querist) 08 December 2010 This query is : Resolved
whats the process of filing chargesheet. I have been charged in a 498A case and police is yet to file the chargesheet.

I havent been communicated by the police for taking any statements or for any investigation. will the IO need to take my statements or they can simply file the chargesheet without any investigation from me.

This is a interstate case the case being filed in UP and I belong to Haryana for investigation will the police ask me to attend at the police station where FIR is filed or they need to take permission from the local police station at place of my residence.

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Guest (Querist) 08 December 2010
It has been 8 months since when the FIR was registered whats the maximum time available with the police to file chargesheet.

Raj Kumar Makkad (Expert) 08 December 2010
There is no time limit for the police to complete its investigation and file its charge-sheet before the trial court, however, it is generally filed immediately after the conclusion of investigation.

Police do not require the statement of the accused during its investigation. No communication is required by IO when the accused is already on bail. When accused is not required in the investigation then no question arises to take into confidence the local police of Haryana by IO of UP Police.

PARTHA P BORBORA (Expert) 08 December 2010
Mr. makkad is right.

Guest (Querist) 08 December 2010
whats the protection available if I dont take bail from trial court until Chargesheet. I filed a FIR quash petition in HC of UP that referred the case to mediation centre and granted us stay of arrest until mediation submits its report. two mediation sessions have passed the other party did not attend so the third time if the other side dont turn up the case would be sent to High Court....will the stay of arrest end if mediation fails or the HC can pass a order that stay shall continue till chargesheet.

I dont want to apply for regular bail till chargesheet please let me know the options that can be taken from HC.

Kirti Kar Tripathi (Expert) 08 December 2010
till your arrest is stayed, you are safe. otherwise, you have get bail from the court. it can not be avoided. however, you may proceed for quashing of the charge sheet under section 482 cr.p.c in High Court.

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