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haradatta (proprietor)     08 June 2012

Inaction of police in filing of charge sheet

Sir, i had filed a complaint u/s 406, 420 of IPC, r/w section 34 of IPC against the mother and son wherein the son had been absconding from the present living society whereas the mother had been arrested and was sent to judicial remand thereupon had come out on bail.  The said complaint was a court referred complaint and so also the FIR pertains to the year 2008.  It has been now for 4 years that the police had not preferred in filing of splitted charge sheet against the arrested mother.  What i need to do? Do i need to approach the concerned magistrate or the High Court in claiming the due relief?  Pls suggest.  Ty



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 2 Replies

MADURAI LAWYER (LEGAL CONSULTANT)     08 June 2012

Dear Sir,

Kindly approach the High Court for a direction to file a charge sheet within a particular period.

You can speak to me on 9842197857 for any clarification.

 

https://www.jeevaganadvocate.com/contact.php

S.B.adil rahman (Legal Consultant )     16 June 2012

Please go through section 167 CrPC 1973. There is a law as up to what peiod the police can continue investigation from the date of arrest of the accused. If it is within the time limit then there is no scope of intereference by the court. However, if has crossed the time frame and the police has not filed the chargesheet then the accused persons are laibale for discharge from the case and the court may pass the closure order to investigate further until specifically prayed by the I.O to grant extra time for continuing the investigations for some special reasons.


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