Fir
aditya vadali
(Querist) 18 March 2013
This query is : Resolved
Respected Seniors!
my friend filed a case against her husband who left her and married another female in his home town and now even the second wife found him not genuine and Divorced him. my friend filed a case against him U/s. 420, 494, etc., with police station and she obtained the FIR Copy (Xerox). this is done on 08.01.2013 and till now the said police colluded with the Accused / Husband and not filed any charge sheet.
now what is the remedy for her and when and all she is going to the police, she is abused and sent back.
can she file a Writ of Mandamus, if yes what to be enclosed in list of documents? only what she had as of now is FIR Xerox Copy. or any other way to approach? even she gave a complaint in CID Hyderabad with Inspector General of Police. for which no action was taken.
hope i will help out her with your kind opinions. thanking one and all.
Aditya.
Advocate M.Bhadra
(Expert) 18 March 2013
If the accused is under custody then 90 days otherwise it will be governed sec.468,in view of provision you can file a Writ Petition in High Court.
CR.P.C.
Sec.173. Report of police officer on completion of investigation.
(1) Every investigation under this Chapter shall be completed without unnecessary delay.
(2) (i) as soon as it is completed, the officer in charge of the police station shall forward to a Magistrate empowered to take cognizance of the offence on a police report, a report in the form prescribed by the State Government, stating-
(a) the names of the parties;
(b) the nature of the information;
(c) The names of the persons who appear to be acquainted with the circumstances of the case;
(d) whether any offence appears to have been committed and, if so, by whom;
(e) whether the accused has been arrested;
(f) whether he has been released on his bond and, if so, whether with or without sureties;
(g) whether he has been forwarded in custody under section 170.
Sec.468. Bar to taking cognizance after lapse of the period of limitation.
(1) Except as otherwise provided elsewhere in this Code, no court, shall take cognizance of an offence of the category specified in sub-section (2), after the expiry of the period of limitation.
(2) The period of limitation shall be-
(a) Six months, if the offence is punishable with fine only;
(b) One year, if the offence is punishable with imprisonment for a term not exceeding one year;
(c) Three years, if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years.
1[(3) For the purposes of this section, the period of limitation, in relation to offences which may be tried together, shall be determined with reference to the offence which is punishable with the more severe punishment or, as the case may be, the most severe punishment.]
Devajyoti Barman
(Expert) 18 March 2013
Why are you so interested in submission of charge sheet? it is of no help to you.
Rather as long as it is not submitted the accursed person would face problem to get bail or for confirmation of bail.
Rather pursue the matter in court for issuance of warrant of arrest.
R.K Nanda
(Expert) 18 March 2013
no more to add.
Raj Kumar Makkad
(Expert) 18 March 2013
It seems that the proper investigation is not being made in this matter so it is advised to file an application before the Ilaka magistrate seeking direction to the concerned police to investigate the file its report within a stipulated time.
Sankaranarayanan
(Expert) 18 March 2013
yes i too stand on mr rajkumar makkad's point.
