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Vijaymbhave (It Developer)     18 January 2010

Charge Sheet not filed after 1 year

My 498a charge sheet is not filed after 1 year. Possibly they are not interested to continue the false case, What will be my next options. I does not want divorce, but i want to reside with wife only after 498a case is fully over. I have filed RCR in the family court. I does not know that my wife wants divorce or not.

Can i go for FIR discharge or FIR quash.

What will be possible ground for quash?

What is the minimum and maximum period for filling charge sheet in 498a case.

Can i file counter cases against my in-laws? what cases?

 

Vijay Bhave



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 6 Replies

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     18 January 2010

By filling rcr - you have done the right thingh. if you want to know her views- directly talk to her over phone; if not possible, please take help of a middleman, even you call her through court also; so far i remember time limit to file the chargesheet is six months only. after that the case should be dismissed in absence of charge sheet. your advocate should enquare it. if you do not get proper response from your advocate; you change him; even you may plead in person. but it is always advisable to take help of a reputable lawyar.

you may file a petition under sec 482 of crpc, for quashing the veague charges of 498a. you may appeal the  court of the chief justice of your district court for quashing; but the easist way is to file a petition before the court, where the 498a going on, for giving the state - last chance for filing the charge sheet.

you first try to know, what is the present status of the case. might be that you are already freed from the criminal case, in absence of charged filed by the state

bharati singh (kgp/west bengal)     18 January 2010

I need to ask my in-law made a false criminal case of selling doing biyanna on a plot of my decived husband,(as civil case was Pending)They mixed my advocate and my advocate ,when i was not here he misused my power paper which was given for emergency to my advocate.,Without my knoledge and bail was cancelled,As i returned back to home police arrested me.But now the police is not submitting 4sheet ,I was  arrested 13 Sep 2008.Even police wanted money from to to givr final report.I denied it saying when i m not culprit why should i give-i told them if u see i m defaulter u give 4 shaeet or give final report that is not my matter-i may give reply in court,but they are not giving 4 sheet till now what should i do?As i m being Harshed day by day n my selve prestige had been loosed

sweta singh (n/a)     03 February 2010

 approach a good lawyer 4 your case Bharati....as police will try 2 harass you being a lady.....final report is 2 be submitted in which court????

bharati singh (kgp/west bengal)     04 February 2010

what is the time limitation for police in this case to submitt 4 sheet?can i go for quashing now or later?

sweta singh (n/a)     04 February 2010

 if u can give detail under which section and act u r accused..

kaliya (serviceman)     06 May 2012

Dear Vijaymbhave,

Police can File chargesheet anytime within 3 years.

Better u stay patient or may go for FIR quash in HC if u hv enough proof in your case.


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