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sachinjain   07 April 2015

Charge sheet 60 days / 90 days

Dear Sir,

If in FIR section levied are 420, 406 and 120B of IPC and Section 3, 4, and 5 of the prize chits and money circulation scheme ( Banning ) Act 1978. Kindly let me know whether charge sheet / Challan to be filed by police in 60 days or 90 days.

If FIR Filed on 15.02.2015. Then Police remand was 5 days. Person send to Judicial Custody on 21.02.2015. 

What is the last date for filing charge sheet. Will five days of police remand will be included while calculating 60 or 90 days.

Please help me . We are in trouble.

 

Regards,

 

Sachin Jain



 14 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     07 April 2015

I think there is no limtation for filing charge sheet. Accused may get bail if charge sheet is not filed within 60 or 90 days but no one can force the IO to file charge sheet. He may not file at all or may file the closer report.

1 Like

SAINATH DEVALLA (LEGAL CONSULTANT)     07 April 2015

Apart from what MR Ramachary has mentioned, The sections incorporated are non bailable and cognizable. Was a formal bail application moved?

Jai Karan Nagwan (consultant)     07 April 2015

60/90 days to be reckoned from date of FIR.

sachinjain   08 April 2015

Dear Sir, 

Bail application rejected at Magistrate and Session court also.

As per section 167 of CRPC Act, 90 days is applicable in case of Death, LIfe imprisonment and imprisonment not less than 10 years. Otherwise it is 60 days in all other cases.

In our case, Section 420 prescribe 7 years, section 406 prescribe 3 years. I am confuse about 120B.

Section 3,4, and 5 of Prize chit and Banning act prescribe 3 years.

So it should be 60 days and not 90 days. Pls suggest

 

 

1 Like

SAINATH DEVALLA (LEGAL CONSULTANT)     08 April 2015

1[120B. Punishment of criminal conspiracy.—

(1) Whoever is a party to a criminal conspiracy to commit an offence punishable with death, 2[imprisonment for life] or rigorous imprisonment for a term of two years or upwards, shall, where no express provision is made in this Code for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence.
(2) Whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit an offence punishable as aforesaid shall be punished with imprisonment of either descripttion for a term not exceeding six months, or with fine or with both.]

sachinjain   08 April 2015

Dear Sir,

Text of 120B i am also having.

Still  my query is open and pls let me know whether charge sheet to be filed in 60 days or 90 days in this case.

SAINATH DEVALLA (LEGAL CONSULTANT)     08 April 2015

Chargesheet to be filed by the police, is purely their discretion. 60/90 days is not mandatory. 

They can keep prolonging that the investigation is not yet over.There is a statutary provision in CrPC that if the I/O is delaying the chargesheet intentionally, then after the prescribed time he has to make a diary entry at his police station mentioning what he did on every day for that case. Also he has to make a report and submit before the magistrate regarding the progress of the case.

 

 

sachinjain   09 April 2015

IF 60/90 days are not mandatory then what is the relevance of section 167 of CRPC. Section 167 clearly states 90 days and 60 days.

Adv. Chandrasekhar (Advocate)     09 April 2015

My dear Sachin Jain,

You are absolutely correct.  Section 167 talks about statutory bail, which is available to the accused in the case when I.O. failed to file charge sheet within the mandatory period of 60/90 days, whatever the case may be.  Dear Sh. Jai Karan Nagwan has dropped a valid advice that the counting of days start from the date of FIR.  Police remand will be counted, because they take the accused in the custody after lodging the FIR.  Next, in the case under consideratin, keeping in view of the Sections charged, it is 60 days.  But, there are instances in our legal history, in respect of S.167 bail applications, even hours count.  I have seen cases that on 90th day morning (in murder case), the counsel for accused filed the bail application and the judge kept it pending till noon and after lunch, the I.O. hurriedly filed charge sheet with the sole intention of getting the bail denied.  Any how, in your case, I further add that the day on which FIR is registered has to be excluded and the 60th day has to be included for counting the 60 days on the basis of the provisions of General Clauses Act and provisions of Limitation Act.  Best wishes.

sachinjain   10 April 2015

Thanks a lot for your valuable input.

Satish Mishra   02 August 2016

Everytime the court extends the time 60/90/120 days it has to give reasons in writing for doing so. Specifically for more serious cases time can be granted and nowhere written for IO, time limit is there.

ARIJIT DEY (certified accounting technician(icai))     05 April 2017

i and my wife and my physically challenge daughter attrack by my mother younger brother bishnu prasad de and nefue shayama prasad de because my mother demanded father property share and he threaten my 74 mother that he will finish me ( only son ) i and my wife taken medical report from hospital uttarpara mother was present in the spot and hospital and doctor specify the name of the accused two witness given first they taken ordinary diary inspite of medical report then my mother requested the chairman to intervenue then fir taken sec given 341 506 325 307 but accused not arrested we are tramatised i written letter to dm to take the matter seriously my tramaumatised mother hospitalised and taken home now my father advance parkinson patient all are khown to police but poliuce is saying they have no time to investigate immediately it will take time what should i do sir please help me regards arijit dey ph 8620835189 email arijit_dey101@yahoo.com


Attached File : 177097 20170405110722 466903065 bishnu fir.pdf downloaded: 54 times

ARIJIT DEY (certified accounting technician(icai))     05 April 2017

Originally posted by : ARIJIT DEY
i and my wife and my physically challenge daughter attrack by my mother younger brother bishnu prasad de and nefue shayama prasad de because my mother demanded father property share and he threaten my 74 mother that he will finish me ( only son ) i and my wife taken medical report from hospital uttarpara mother was present in the spot and hospital and doctor specify the name of the accused two witness given first they taken ordinary diary inspite of medical report then my mother requested the chairman to intervenue then fir taken sec given 341 506 325 307 but accused not arrested we are tramatised i written letter to dm to take the matter seriously my tramaumatised mother hospitalised and taken home now my father advance parkinson patient all are khown to police but poliuce is saying they have no time to investigate immediately it will take time what should i do sir please help me regards arijit dey ph 8620835189 email arijit_dey101@yahoo.com

 

Asgher Mahdi (Advocate & Legal Advisor)     11 April 2017

If the IO is delayed in filing the charge sheet the benifit of delayed in filing may taken out for the ground to plead non guilty.

 


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