HEMANT TALWAR (PROPRIETOR) 16 May 2018

Delay in filing charge sheet

Dear Learned Friends, We are a group of home buyers who had filed a complaint for cheating against a builder for non delivery of flats. FIR was registered 4 months ago u/s 420. As Police drags its feet, my friends advise me to file an application in the court to ask police to file status quo of the case. My query is that does filing an application in the court help speed up the matters or is an exercise in vain as police have many excuses to justify the delay. Thanks to guide.

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(Guest)

Delay in filing FIR on reasonable grounds such as lack of territorial jurisdiction is justified (Harbans Kaur vs. St. of Haryana). However, where there is deliberate delay in lodging it at the proper PS, Cheating being a cognizable & non-bailable offense, police must automatically register an FIR. Normally, if they refuse to do so, you could approach their seniors for intervention.

In your case, if the court has ordered cops to register the FIR u/Sec. 156(3) Cr PC, they must do it. Wilful omission to do so might result in the errant cops' being jailed for mimimum six months & maximum two years u/Sec 166-A IPC for deliberate disobedience of court orders.

For further queries, you may e-mail me at: basu_kunal@hotmail.com. I would be more than delighted to assist you.

Regards