Delay in filing the charge sheet
Balaji Bakthavathsal
(Querist) 30 November 2011
This query is : Resolved
When a group of persons attempted to grab our house with the help of some fake documents, I approached the High Court of Chennai which in turn directed the District Crime Branch Police to enquire and submit its report and this happened in December 2009. The District Crime Police also after preliminary investigation found truth in the complaint made by me and arrested the power agent and one of the buyers who made a fraudulent purchase of our house in January 2010. However, the police did not make any attempt to apprehend the main accused and he is roaming free. The main accused got Anticipatory Bail which I got it cancelled. Also, the main accused has filed a petition in the High Court seeking the FIR to be quashed telling that the charges were fabricated. Though the suit was filed by the accused against the Police, I impleaded myself as another respondent opposing the quash request by the accused. The suit is pending in the High Court for more than one and half years and not even taken up for hearing after initial two or three hearings which were also adjourned for some reasons or other. The police too from January 2010 to till date, did not make any attempt to apprehend the accused. My repeated verbal requests and written letters sent through the Speed Post to the District Crime Branch to arrest the main accused and/or file the Charge Sheet did not attended by the police. The Police is also not taking any action and the Court is also not taking any action and the advocate whom I engaged is also not taking any action. Now I kindly request the learned lawyers of this form to guide me further action to be taken in this matter.
Devajyoti Barman
(Expert) 30 November 2011
If there is no stay order by the high court upon the said criminal case, then apply for necessary direction upon the investigation agency from the concerned Magistrate.
Balaji Bakthavathsal
(Querist) 30 November 2011
Thank you very much Barman Sir. I will follow your advice.
Thanks & Regards
Balaji
Raj Kumar Makkad
(Expert) 01 December 2011
You may move an application before the trial magistrate to direct the police to file the charge-sheet at the earliest.
Balaji Bakthavathsal
(Querist) 01 December 2011
Dear Makkad & Barman Sir/s,
When I make an application to the Magistrate, can I submit the same on my own directly or should I apply through a lawyer ? Please let me know.
Thanks & Regards
Balaji
M/s. Y-not legal services
(Expert) 01 December 2011
you should be approach the court through your counsel only. its will be save you in so many ways..
even you are liberty to file any petition as in person., but due to your lack of knowledge in law you will loose your case..
