Time limit to put chargesheet in court

teaching

Incident happen on 2017 police to  put fake official secret act on one of my frnd ,not even providing FIR copy and not even putting the chargesheet in  court .what is the status of FIR or the case now.

 

ONLY EXPERT TO ANSWER 

 
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Advocate , Hyderabad

As per your statement, Police doing Investigation, that is still in-progress. Police will not give FIR until Charge sheet is Framed. Following section cal help.

207. Supply to the accused of copy of police report and other documents.— In any case where the proceeding has been instituted on a police report, the Magistrate shall without delay furnish to the accused, free of cost, a copy of each of the following:—

(ii) the first information report recorded under Section 154;

Note: This is main issue,as of now, No direct answer. Various High courts have given ruling, in favour of accused.

If in Jail, one can apply for Bail. Only that is the option,if he/she is over 90 days, In Jail.

Note: official secret act, is typical act, for Protection of Nation. and expecting 14 Years Jail Minimum

soution: Check with District Court( Session Court) about the status. Any advocate, who can handle Criminal cases, can help you. You will get definit relief.
 


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Advocate

Official Secrets Act! Is your friend a Government employee? If not, how he/she has come to be in custody of official secrets?

Has he/she been arrested and still in Jail?

You have the option to obtain a copy of the FIR under RTI Act.


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teaching

No Idea Venu sir, he is a man with simmple family and nothing related to gorvernment job . he just ask  about action taken on the evidence he handed to I.O police via RTI  because police destroyed the evidence and didnot filed the same in their chargesheet so he asked what happen to evidence he took from my frnd .Police called him in police station he was then kept as in captive and then leave after 1 day  he was then ask to  sign on the paper that he did a crime of spying inside police station and even ahd fight with police men. but 

the scene here is , NOW police is not giving any FIR copy yo him not showing him any chargesheet and even not filing in court its now 2019 , almost 14 months passed 

 
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teaching

police also put allegation that he recorded secret filed crime dairy etc but  this was not true . 

 
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teaching

No they are not giving FIR copy under any act RTI or mail or letter or even paying the fees they are not ready to give the copy 

 
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Advocate

If they have filed an FIR, copy would be available with the jurisdictional Magistrate Court. You can make inquiries with them.

However, it could be that no FIR was lodged, but only a preventive arrest under Section 151 CrPC:

151. Arrest to prevent the commission of cognizable offences.—(1) A police officer knowing of a design to commit any cognizable offence may arrest, without orders from a Magistrate and without a warrant, the person so designing, if it appears to such officer that the commission of the offence cannot be otherwise prevented. (2) No person arrested under sub-section (1) shall be detained in custody for a period exceeding twenty-four hours from the time of his arrest unless his further detention is required or authorised under any other provisions of this Code or of any other law for the time being in force. 

Please try to verify.

 
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teaching

he was just informed that his fir number is so and so .  since one year he is trying in every court room he get one reply there is no chargesheet with that fir number in any of the court room 

 
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Advocate

There is no need to go to every court - just the regsitry of the jurisdictional Magistrate Court.

 
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