filing of chargesheet

Querist : Anonymous (Querist) 29 December 2010 This query is : Resolved
a person known to me was charged u/s 506(ii).the chargesheet was filed after 112 days in court.Is it valid to demand dismissal of the case on grounds that the chargesheet was not filed in 90 days.

As there are different opinions,some of which say it is absolutely not necessary for filing chargesheet in 90 days,there is some confusion.

Secondly,the allegation of the complainant was he was threatened wich a weapon but no fingerprints of accused were found on the alleged weapon.Can this be a plus for the accused.Opinion again differs here.

I would like to have a correct opnion of the above at the earliest.

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Devajyoti Barman (Expert) 29 December 2010
Yes there is no law which makes it mandatory to file charge sheet within 90 days.

The absence of proof of finger print of the accused person would surely help the defence case but not sufficient for a case for quashing.

Arvind Singh Chauhan (Expert) 29 December 2010
Yes I follow Braman Sir.

Guest (Expert) 29 December 2010
KINDLY NOTE THAT IF CHARGESHEET IS NOT FILED WITHIN 90 DAYS THEN THE ACCUSED WILL GET BENEFIT ONLY IF ACCUSED IS IN JAIL AND IF HE APPLIES FOR BAIL HE CAN BE RELEASED ON BAIL.
BUT IT WILL NOT AFFECT THE ENTIRE CASE AT THE TIME OF EVIDENCE PLEASE NOTE.

Advocate. Arunagiri (Expert) 29 December 2010
Well explained by experts.

SAANJAAY GUPTAA (Expert) 30 December 2010
agree with the experts.

Ajay Bansal (Expert) 30 December 2010
AGREED WITH DEVAJYOTI.

Guest (Expert) 30 December 2010
sec.468 of Cr.P.C. deals the cognizance of the cases. In which 506(ii) of IPC is not made out. So you cannot claim benefit of delay in filing charge sheet in criminal intimidation.

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