Very Fast Concocted Chargesheet Submitted

Kumar Krishan Agarwal Advocate (Querist) 27 June 2011 This query is : Resolved
Dear Sir,

I got a wrong FIR registered on my name under Sec 135/138 of E.C Act 2003 on dated 10-May-2011 into which I got Bail from the Addl. District & Session Judge of [E.C Act] on dated 25-may-2011. Now the Biased I.O Submitted his chargesheet without any proper investigation in just only 27 days after the FIR date of 10-may-2011. According to my mind the time of submitting the chargesheet is minimum 90 days & maximum up to any but submitting chargesheet not earlier than 90 days.

The I.O have strong nexus with the Complainant In the FIR and want to harm me so that I may get entrap and will go in jail. I am thinking to file a 156(3) complainant against the biased I.O who harm me intentionally under Sec 166 of IPC

Queries Are:-

1. That what the remedy I adopt to get out of the wrong chargesheet method.?

2. I Heard that the I.O has to do proper investigation day to day and enter in case diary of the day to day Investigation but the I.O have turned the table for me.

3. May I file protest petition against the wrong chargesheet to be dismissed?
OR
4. May I file application Under Sec 227 for the Discharge of the accused in this case.?

5. Any other witty legal method that I may use to get out of this complex situation ?

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Kiran Kumar (Expert) 27 June 2011
police has just filed a challan against u....there is no compulsion for police to take minimum 90 days to submit challan...let there be arguments on framing of charge and proceed accordingly.....filing a complaint against police officer may not do any good.

Guest (Expert) 28 June 2011
Yes, agree with expert .
Filing against police expert may not help you.
If charge sheet is fast produced ,then may be possibility that their might be some lacuna in it . Better try to get legal defenses from that.

Arun Kumar Bhagat (Expert) 03 July 2011
1. There is no wrong in submitting charge-sheet within 27 days.
2.Non-performance of effective investigation by the IO will give you benefit.
3.Protest petition is filed in case of closure of case not on filing charge-sheet.
4. Article 227 application is generally filed for civil matters. For criminal cases Sec.482 Cr.P.C is the only remedy.
5. File application u/s 482 Cr.P.C before the Hon'ble High Court.

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