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rani jain (others)     12 June 2015

Time taken from charge sheet to getting the case in court

498A-Filed in Dec 2014 against my in laws & husband in Mumbai (husbands residence), Investigation done, no arrest. Charge sheet filed & police confirmed us in March-2015 that case has been sent to court, till now we have not recieved any notices/summons from court. My query is:

  1. How much time duration (in months) it takes for a criminal case to go to court in 498A case
  2. Is there any chance police is lying to us, how can we verify if the case has been sent or not
  3. Do we have any right to demand copy of charge sheet- How can one do that


Learning

 4 Replies

BHARTI KOTHARI (practising advocate)     13 June 2015

hi, Jai Jinendra,

if fir is registered then it is oblligatory on the part of the police to file charge sheet within 180 days. you can ask the copy of the fir from police by making written application to them and can also check the status of your case by getting the fir no. by visiting the concerned court handeling the matter pertaining to the police station.

Regards,

Adv. Bharat Kothari, pracrtising advocate in mumbai.

rani jain (others)     13 June 2015

Hi Thanks, I do have copy of FIR, can we ask for copy of charge sheet. I heared there is a facility to check status of your case online, I tried but its not reflecting anything.Can u suggest such site. 

Anand Bali Adv. (Advocate Solicitor & Consultant)     14 June 2015

Dear Rani jain,

You can file an application to the magistrate concern under 156(3) seeking the status of the investigation and if the Fir has been filed what action the police has taken in this regard. Magistrate will summon the IO in court and ask about the status?

Atur Chatur (LAWYER ADVOCATE NOT REQD BECAUSE I FIGHT MYSELF PARTY-IN-PERSON (aturchatur@yahoo.com))     17 June 2015

Just rely on RTI.

It's your fundamental right to get all that info citing section 6 & 7 of RTI Rules'2005 & THIS RIGHT HAS BEEN GUARANTEED vide Constitution of India.

 

Ask ATR through RTI. That's it !!! So Simple !!! So Fast !!!


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