Hi All,What is the time limit for filing chargesheet? if they add additional names to charge sheet,what is the bail proceduer?
Hi All,What is the time limit for filing chargesheet? if they add additional names to charge sheet,what is the bail proceduer?
Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 16 January 2014
Period of limitation for filling charge sheet is only for the benefit of the accused under section 167 CrPc for releasing the accused if the police can not filed charge sheet within 60 or 90 days as the case maybe. Otherwise there is no limitation in such case of corruption. The problems is the lethargy and supine slackness of the Executive to play their role that is giving of sanction for prosecution.
T. Kalaiselvan, Advocate (Advocate) 16 January 2014
By his opinion, my learned friend Mr. Ramachary has correctly said that the lethargic attitude of the sanctioning authority to permit the SHO to prosecute the case causes the inordinate delay. These people (police) who show keen interest towards arrest do not show the same amount of interest in prosecuting the case because their extra revenue portion extinguishes with the arrest and remand stage itself, so if they have to pushed through, they have to be looked after properly after that also, this is present ugly scenario prevailing almost through out the country plagued by corruptions, we cant do anything to eradicate this disease for ever. Hence wait patiently until then.
isha bhardwaj (intern) 16 January 2014
Dear,
According to Section 167 of Code Of Criminal Procedure, limitation period for filing of charge sheet is either 60 days or 90 days. The legal provision regarding the same says:
a) The Magistrate may authorize the detention of the accused person, otherwise than in the custody of the police, beyond the period of fifteen days, if he is satisfied that adequate grounds exist for doing so, but no Magistrate shall authorise the detention of the accused person in custody under this paragraph for a total period exceeding-
(i) Ninety days, where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of not less than ten years;
(ii) Sixty days, where the investigation relates to any other offence,
And, on the expiry of the said period of ninety days, or sixty days, as the case may be, the accused person shall be released on bail if he is prepared to and does furnish bail, and every person released on bail under this sub-section shall be deemed to be to released under the provisions of Chapter XXXIII for the purposes of that Chapter;]
If there is other names in the charge sheet added then the bail provisions is same as that when the names have not been added.
Regards
Isha Bhardwaj
lawkonect.com
09555507507
Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 29 January 2014
Yes. Every thing is possible under the the Sun and the Moon. In andhra Pradesh, there is a police website. www.appolice.gov.in. We can know easily case status & charge sheet etc over this website as far as Andhra Pradesh is concern.
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