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498A Chargesheet

Guest (Querist) 30 September 2010 This query is : Resolved 
I have a question that I was charged under Sec 498A and the chargesheet is not yet filed. The case was filed in May but the police came to arrest me in July so its almost 90 days after the police action. The IO during talks says that the other side is asking her to delay filing the Chargesheet. Is there a specific reason for the delay being asked for by them.


I s there any legal implication the background being I have a regular bail but my family members are on a Stay arrest order via mediation centre clause so until mediation centre report is out the stay is valid.

Please suggest
Ajay Bansal (Expert) 30 September 2010
IN P.V.NARSIMHA CASE,IT HAS BEEN HELD BY SUPREME COURT THAT A PERSON ,WHO IS ON INTERIM BAIL[AS YOU ARE]/IS SUPOOSED TO BE IN CUSTODY AND THUS FULLY ENTITLED TO GET REGULER BAIL U/S 167 Cr.P.C. ON ACCOUNT OF NON FILINF OF CHALLAN[CHARGE-SHET] BY POLICE IN COURT WITHIN 3 OR 6 MONTHS[AS PER SECTION OF OFFENCE] OF STAY OF ARREST.SO THINGS ARE GOING IN YOUR FAVOUR.
s.subramanian (Expert) 30 September 2010
I agree.
bhupender sharma (Expert) 01 October 2010
Pl. refer to section 468 AND 472 of the code and same is to be taken into consideration.


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