Time limit for Charge Sheet (498A)

Querist : Anonymous (Querist) 18 December 2010 This query is : Resolved
Is there a time limit for filing charge sheet for filing Charge Sheet after registering an FIR ? If not what are the options for the accused who have obtained AB and have been complying with the conditions, but is being inconvenienced by the delay ? This query is in context of bogus complaint which is being accommodated mischievously by the police

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adv. rajeev ( rajoo ) (Expert) 18 December 2010
3 months time to file chargesheet. AB is already obtained and also regular bail accused need not to worry about that. After filing the chargesheet accused will receive the summons from the court to appear, then he will have to file once again bail application. He need not worry immediately he will get the bail.

s.subramanian (Expert) 18 December 2010
Sec.173 does not prescribe any time limit strictly excepting for offences of rape for which the period is stipulated under this section as three months. In other cases,the time is not stated and it is merely laid down that it shall be done without delay. On other points I agree with Mr.rajoo.

SANJAY GUPTA (Expert) 18 December 2010
Sorry, i am totally disagree with Mr. Rajoo,
after filing charge sheet, court issue notice and not summons, accused need not to take bail after appearing in court through that notice.

Querist : Anonymous (Querist) 18 December 2010
What is the difference between "notice" and "Summons" and how does one come to know when a charge sheet has been filed ? How does one get a copy of the charge sheet ?. Sorry for being ignorant.

Arvind Singh Chauhan (Expert) 18 December 2010
Though no time limit for filing charge sheet is provided, but courts are barred to take cognizance beyond the stipulated period provided under Sec 468 Cr.P.C.. Hence this is the final time limit for police to file charge sheet.

Devajyoti Barman (Expert) 19 December 2010
No time lmit ofr filing charge sheet. The accused persons are supposed to get summons of the charge sheet.Till that time they can not be forced make their appearance in the case.

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