Charge sheet not filed two yrs

gopinathan (Querist) 12 May 2018 This query is : Resolved
Two contractors forged and manipulateed so many govt certificates to the value of 20 lakhs and evaded sales tax. DCB booked an FIR on 2015. Two yrs passed still no charge sheet filed. Due to this delay Is there chance for acquital if they approach high court ? or to drop FIR by DCB Itself?

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Ms.Usha Kapoor (Expert) 12 May 2018
Yes if there is inordinate delay of filing charge sheet after FIR the criminal case may end in acquittal of the accused or go for quash of the charge sheet or drop FIR by DCB itself. But normally people choose the first two ways to gai9n freedom of accused from th clutches of law..There is more information on this below. Please read on:

Rules (General):- On completion of investigation if IO finds sufficient materials to prosecute the accused, files CS before the court. After that court takes cognizance & sends accused to trial. If there is an inordinate delay in filing CS say 2 or 3 years from date of FIR then u can ask the IO to give u discharge certificate.

QUASH

An accused person can pray for quash of the FIR or Charge sheet filed against him/her before the Hon'ble State High Court under section 482 of the Cr.P.C which gives inherent powers to the Court.

The Hon'ble Supreme Court of India (in 1992 AIR 604) has laid down seven (07) grounds. Such power to quashed FIR can be exercised

1. where the allegations made in the First Information Report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused;
2. where the allegations in the First Information Report and other materials, if any, accompanying the F.I.R. do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code;
3. where the uncontroverted allegations made in the FIR or ’complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused;
4. where the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code;
5. where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused;
6. where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party;
7. where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge.

Quash is effective for co-accused person(s) who happen to be distant relatives with permanent abode in different jurisdiction altogether.
Hon'ble Supreme Court judgement in the case of Preeti Gupta & Anr. Vs. State of Jharkhand can be relied to such effect.

However, track record of State HC for quash in matters of crime against women needs to be studied and considered before arriving at the decision to go for Quash.

Quash is expensive, time consuming and uncertain. It is invariably never granted for the prime accused who anyways have to end up in the trial.

Quash of Charge sheet is more or less a futile exercise for reasons quite similar to why discharge is ineffective. As soon as charge sheet is submitted in any case and thereafter cognizance is taken or may be not yet taken, it at least establishes that post investigation, enough material has been found against the accused persons to prosecute.
In that case, the court is reluctant to quash the chargesheet against the accused persons and insists on trial and henceforth makes such order.

However, exceptions do exist and success can be achieved if investigation can be discredited by citing some inherent error or malpractice in the investigation process.

P. Venu (Expert) 12 May 2018
What exactly is the solution you are seeking - to get the proceedings quashed or to expedite the investigations so that the wrong doer is punished?