Charge Sheet by Magistrate

Querist : Anonymous (Querist) 17 June 2011 This query is : Resolved
In a Criminal case u/s 409, on completion of investigation, SHO has submitted chargesheet to the JFCM on 09.08.2010 and received by JFCM on 11.08.2010. Numbered with CC on 15.10.2010 and posted to 24.12.2010. Warrant for physical appearance on 24.01.2011 was served. On physical appearance each time net date was given on 15.03.2011, 31.05.2011 and now for 01.09.2011. But Charge sheet u/s 164 by magistrate was not served, not even questioning by the Judge till date. Is there no limitation for commencement of process?

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Devajyoti Barman (Expert) 17 June 2011
Check whether all the accused persons , if there is more than one were present.

If all the accused person/s are present the Magistrate is bound to frame the Charge.

Querist : Anonymous (Querist) 17 June 2011
Thank you Mr Barman. In this case the accused is one person only. Is there any remedy available?

Ravikant Soni (Expert) 17 June 2011
no limitation specified.

Querist : Anonymous (Querist) 17 June 2011
409 CrPC provides that the Magistrate should charge at first instance. Even after 4 presenses, not charged. any recourse?

PALNITKAR V.V. (Expert) 17 June 2011
The courts are heavily burdened with cases. It becomes difficult to cope up with the work. hence, the courts are left with no option but to adjourn the matters. wait for your turn to come.

Advocate. Arunagiri (Expert) 17 June 2011
It may be the case that the Magistrate is disagreeing with the charge sheet.

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