Delay in filling charge sheet by police

ARUN KUMAR (Querist) 21 May 2012 This query is : Resolved
Dear experts
It has been more than 7 months since a friend of mine is waiting for charge sheet to be filled by police in magistrate court under IPC 420.
Is there any time limit by court for police to file charge sheet ?

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ajay sethi (Expert) 21 May 2012
U/s 167 (2) CrPC of CrPC the time limit is prescribed for filing the charge sheet

(i) Ninety-days, where the investigation relates to an offense punishable with death, imprisonment for life or imprisonment or imprisonment for a term of not less than ten years.

(ii) Sixty days, where the investigation relates to any other offense

Therefore in your case the time limit is SIXTY DAYS if there is only section 420 ( Being the imprisonment in this section is 7 years and fine).

R.K Nanda (Expert) 21 May 2012
Pray to court to give directions to police

to file CS at the earliest.

Arvind Singh Chauhan (Expert) 21 May 2012
I differ with Sethi Sir, section mentioned by him applies only when accused is in jail and could not avail bail. Otherwise police has to file charge sheet according to time limit framed by 468 Cr.P.C.

Adv.R.P.Chugh (Expert) 21 May 2012
I agree with Ld.Arvind, there is no time limit for filing of charge-sheet only when the accused has been in custody for 60 or 90 days as the case may be, does the accused gets the right on default of filing of chargesheet in the requisite time.

The HC under its writ jurisdiction can give a mandamus writ to police to do it fast.

PARTHA P BORBORA (Expert) 21 May 2012
i support the view of Mr. Arvind.

Shonee Kapoor (Expert) 22 May 2012
There is no time limit for filing CS, if the accused is on bail.

even otherwise it just becomes a ground for grant of bail.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

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