Delay in filing charge sheet
aman rajput
(Querist) 12 July 2012
This query is : Resolved
Wife has filed a false 498A on our entire family three months back. still the charge sheet is yet to be filed. We are all on bail.even the police know that it is a false complaint as the Investigating officer is not been finding any evidence against us to support his charge sheet . Infact IO is pressuring us to get settled down our matter mutually by giving Rs.8 Lacs to my wife for mutual consent divorce so that the IO may close the case Looks like police are delaying the charge sheet.
1. if the charge sheet is delayed, whose favourable is it?. wife side or husband side?.
2. If the charge sheet delay is not in our favour then what we can legally do so as to pressurise IO to file the charge sheet at earliest so that the case starts and we without any further delay fight the cast to quash the same.????????????????
V R SHROFF
(Expert) 12 July 2012
Aman,
Let Police do their duty. Do not interfere. Do not listen to them . They want their CUT out of 8L at the earliest.
498 OTHERWISE FAILS , AFTER MANY YEARS.
LET HER WAIT........[U R SAVING AT LEAST 8K int P.M.to fight ]
aman rajput
(Querist) 12 July 2012
Dear Shroff Sir I am asking becoz if the IO is delaying in filing charge sheet and if he files after 1-2 year then i have to spent further more 2-3 years to fight case for quashing the same FIR and I am already 37 years old and my age is been running out...so thats y i wanna ask that is it better for me to file charge sheet by IO in time by bribing him or delay in filing is better for me....pls advice me ????????????
aman rajput
(Querist) 12 July 2012
Dear Shroff Sir I am asking becoz if the IO is delaying in filing charge sheet and if he files after 1-2 year then i have to spent further more 2-3 years to fight case for quashing the same FIR and I am already 37 years old and my age is been running out...so thats y i wanna ask that is it better for me to file charge sheet by IO in time by bribing him or delay in filing is better for me....pls advice me ????????????
Guest
(Expert) 13 July 2012
There is no period prescribed in Cr.PC for filing the charge sheet. It has been just 3 months since the registration of FIR, so wait for some time.
As of today there is no inordinate delay in filing the charge sheet. If there is inordinate delay in filing the charge sheet, you can file a writ in the HC seeking a direction to the IO to file a final report.
JANAK RAJ VATSA
(Expert) 15 July 2012
early filing of the charge sheet will definitely help you in more than one way.
