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Charge sheet not filed from 2 yrs.

How much time police has required for filling CS.

As now its more than 2 yrs. still CS is not filled while accused is on regular bail.

What reamdies are available for accused.

Pls. advise..........Thnx.......



Learning

 7 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     05 July 2013

Actually as per law the chargesheet to be submitted within 90 days from the date of F.I.R. In case the chargesheet is not filed, the accused having right to take bail.

Rajaramana RV (Employee)     08 July 2013

Dear Ashok, 

What is the case and what is the section under which you are charged. The severity under the section you are charged will determine next course of action. Have you checked at the police station regarding filing of chargsheet. Ask your lawyer to check with the court. Let us know details so forum memebers can guide you. Also, check is a NBW warrant has been issued against accused or not

Ashok, Advocate (Lawyer at Delhi)     08 July 2013

You have not provided details of the case, which would have helped in giving a more specific reply.

 

Generally speaking, there is no maximum time prescribed under the Cr.P.C. for filing of charge sheet, except in a case triable by a Magistrate as a summons case.

 

As per Section 167(5) of Cr.P.C., in a case triable by Magistrate as a summons case, the Magistrate has the power to order stopping investigation if the investigation is not completed within 6 months of the arrest of the accused. A summons case is basically an offence where the punishment is up to 2 years' imprisonment.

 

In all other cases (i.e., other than the summons case triable by Magistrate), there is no maximum limit fixed for completion of the investigation. However, if the investigation is not completed within 90 days from the date of arrest where the investigation relates to an offence punishable with death, imprisonment for life or imprison for a term of not less than 10 years, the accused gets the right to default bail under Section 167(2) of Cr.P.C. And in other cases than those mentioned above, if the investigation is not completed in 60 days from the date of arrest, the accused gets the right to default bail under the said provision. However, as clarified above, there is no maximum time limit for completion of investigation in all these cases and the investigation can still continue even if the accused becomes entitled to default bail. But, if the investigation is taking an abnormally long time, the accused can consider approaching the High Court in a suitable case for quashing of the FIR and the investigation process on the grounds of violation of right to speedy trial (though the High Court may not agree unless it is abnormally long period, and it is noteworthy that no hard and fast rule can be laid down here in this regard).

DEEPAK MISHRA (assistant Professor)     27 September 2013

Sir,

In this case what would be the scene, as on today, if police submitted Final Report and Jurm Khaarija report before 2 years?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     28 September 2013

The complainant has an option of filing protest petition, otherwise the court would accept the Final Report.

 

Regards,

 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.
1 Like

DEEPAK MISHRA (assistant Professor)     28 September 2013

Now wife is threatening us that we pay money to her or she will reopen the case(which she filed 2 years ago and took it back by submitting affidavite).

Since last 2 years she is staying with her parents and working in school,if after 2 years she reopen the case what the scene will be? and how we can save ourselves?

Manish (Advocate)     25 April 2015

Any case law which provides right to bail if chargesheet not filed within 90 days? Esp in 498A matter where FIR is lodged and police doesnot investigate the matter.


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