Investigation & Filing of Charge Sheet

Querist : Anonymous (Querist) 28 April 2011 This query is : Resolved

Mr XY has been filed upon with an FIR u/s 409 IPC without enclosing any evidences relevante to the complaint. FIR has not been signed by complainant on lodging the complaint. Conditional Bail has been granted with with provision of two sureties and got released on surrender-cum-arrest. FIR is of 5 months old. No investigation commenced by IO/SHO, but the accused is under suspension of service. Employer kept quiet, without furnishing any evidence till now, even after given the bail is granted to the accused and not initiated institutional enquiry. Employer has seperate set of instructions/rules, i.e., outcome of chargesheet of IO/SHO is irrelevant for them. What is the recourse?

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M.Sheik Mohammed Ali (Expert) 28 April 2011
normally filing charge sheet from police it will take 2 years.

Advocate. Arunagiri (Expert) 28 April 2011
The accused can ask for the copies of documents and Statements of witnesses, based on this he can proceed legally.

Sarvesh Kumar Sharma Advocate (Expert) 28 April 2011
agree with avobe views!

bhupender sharma (Expert) 28 April 2011
there is limitation as provided under the law that the limitation for filng the charge sheet is provided under the code i.e. 468 and 469. Pl. go through the same and u will find your answer.

PALNITKAR V.V. (Expert) 28 April 2011
looking into the punishment for offence u/s 409 of IPC, one can safely say that there is no limitation. police may file chargesheet any time they desire. The best course is to file writ for revocation of suspension.

Guest (Expert) 29 April 2011
Submit an appeal to your appellate authority to revoke the suspension as there is no action so far by the police to file charge sheet in the court about the case.

M/s. Y-not legal services (Expert) 30 April 2011
you may approach your high court for quash the impugned f.i.r..

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