LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Arjun Ganesh (Individual Contributor)     23 May 2012

498a no chargesheeet 3 yrs fir

Chargesheet for 498a is not filled even after 3 yrs  filing FIR.

Note, there was "Stay" against A2-A{LAST} ONLY  till from 2010 Jan-Nov 2011 (stay vacated).

No response from CI, police station.

We don't want to file RTI yet.

Last 2 accused are living in abroad for years before marriage and only 2 points were mentioned againts them in FIR, that too in aborad.

Suggest me ideas to get the chargesheet filed by police.

We also want last 2 accused to be removed in the chargesheet as Lower court has no Jurisdiction over abroad people.

Thanks,

Arjun



Learning

 3 Replies

Arjun Ganesh (Individual Contributor)     24 June 2012

Ashish,

Thanks for your response.

In addition what I stated earlier, I am accussed A1, NRI living in US,

So, A1, A5 & A6 (sis, bro-in-law) living in US.

Should I get AB and come to India convert AB to Bail? Will this make the  the IO/CI(police) to file chargesheet?


Thanks,

Arjun


(Guest)

First thing thats important to know is whether you were residing in India when the offence took place? if not and the allegations levelled as against you are during the period of your stay abroad, then High Court will quash the FIR as against all the persons against whom the offence could not be proved to have been committed.

If the 482 preferred by you is still pending despite vacation of order (as vacation of order does not tantamount to final disposal and rejection/dismissal of 482 application) as you havent specified the same. In case, if it pending, then go for quashing of the F I R at the time of final hearing.

Its obvious as there was stay the police authorities could not file charge-sheet against the accused persons.

To the extent what you have stated that Lower court does not have jurisdiction on people living abroad is wrong. As per Indian Law, an offence which has taken place abroad cannot be tried by indian Courts, thats the position. But if the offence has taken place in India and the accused committing offence was very much in India at the time of commission of offence, Indian Courts have all the right and authority to try the offenders though they are staying abroad.

1 Like

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register