Upgrad LLM

2.5 years delay in filling the chargesheet in 498a case


Dear Expert,

Request you to please tell how much time is required to Police to file charge sheet in 498a case.

Case Brief:-

  1. False 498a case lodged in 2011 in UP against whole family of boy who live in Delhi.
  2. Only Boy was arrested and taken bail.
  3. Now it’s more than 30 months still charge sheet is not filled in court.
  4. While thru RTI, boy come to know that police has already filled CS in 2011only boy has made accused, but court staff telling they've not received it, it may be in copy section.
  5. All other cases like Domestic violation and maintenance 125 is running basis of 498a complaint.
  6. In Crpc125 interim has ordered. Appeal filed in HC, sent to meditation which failed as girl wanting huge money, now appeal is pending for disposal.
  7. Boy has filled Perjury u/s 340 Cr.P.C  in Domestic violation and maintenance, In DV case his perjury accepted and now case running (only one hearing happened till now)
  8. After 2 years boy has filled Divorce on Cruelty & deserted ground, case is running.

Pls. advice now what remedy is available to boy, as every 10 – 15 days, He is force to travel 500 KM one side. There is no chance of cohabitation or compromise now marriage is totally broken.

Thanks

 

 

 
Reply   
 
Lawyer at Supreme Court of India

Dear,

There is no time limit for filing the charge-sheet,  but the same must be filed within a reasonable time and since you have to travel all the way from Delhi you can also approach Supreme Court and get the case transferred. 

 

Advocate Kapil Chandna

9911218741

 
Reply   
 


Advisory/Advocacy

Figure out to if the charge sheet has been actually filed.

 

There is no stautory provision to file CS but A 36 month Delay is a good ground for Quashing the proceedings.

 

Regards

Chetan(dot)7679(gmail)dot(com)

 
Reply   
 
CRIMINAL family PROPERTY topfreind@gmail.com

Please show all case papers you can come out from all of them, only problem will be divorce case.

 
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