(Guest)

Chargesheet in 498A is delayed

Hi Experts,

I got married in Jan 2006, blessed with baby girl in 2008. My wife left matrimonial home 1 year back with my daughter and filed a false complaint in CAW (Child and Women) cell in her hometown. It was there in CAW cell for 5 months. In the meantime -

- I filed for RCR in her hometown in April 09 - Still going on -

- In July 09 - she filed 125 with Interim - still going on - Interim not decided yet

- When nothing came out of mediation in CAW, Police filed FIR in Sep 09

- Got regular bail after 1 day

- Oct 09 - Lost my job due to recession and still I am jobless

It's been around 7 months since my FIR for the 498A and 406 was regsitered. I got the regular bail. There have been 3 hearings during last 7 months but the police is not able to file the chargesheet. Now the judge has also changed and yesterday I have got the next hearing after 6 months.

The new judge asked me why the challan has not been filed. I told that I do not know and it's been 7 months the FIR was filed. He told his steno / typist to make a note of this and gave me next date after 6 months. I asked him if it is possible to get shorter date but he refused. It was his first day in this court so his staff was also working efficiently.

I visited the CAW cell 3 months back to enquire about the status of the chargesheet and SI (IO of my case) had promised me to file the chargesheet in the month of January (on my scheduled case hearing date). But he didn't file the chargesheet.

Now I went to CAW cell to enquire about the same last month and the IO was preparing the chargesheet and told me that he will file it on the coming date (in April) but again the same story - he didn't file. But yes, he was talking to me for the compromise / settlement. He told me that he is delaying the chargesheet just in case both of you want to stay together. He also offered to start the one time settlement process.

Now I was planing to apply for discharge once the chargesheet is filed by the police. Now please advise -

1. What other options do I have?

2. Can police file the chargesheet before the next hearing i.e. within next 2-3 months? If yes, then will they send me the summon for the same to appear in the same court on say 1st May?

3. Do I need to wait for the next 6 months to file the discharge application on the next hearing date?

4. I do have an option to go for quashing on the basis of Jurisdiction grounds but I know its done only in rarest of rare cases. Most likely, The Hon'ble High Court can transfer it to my hometown and it will start from scratch - That's why didn't want to waste so much time.

I know that delay in filing a chargesheet is good for some extent but since I am totally innocent and haven't done any crime (as stated by her in allegations) , therefore I want my acquittal from this case as soon as possible.

Thanks in advance,

Coool

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2 Replies

Guest (Guest) 09 April 2010

Sir, I agree with you in all respects except that one - your too much optimistic attitude that once charge sheet is filed and after filing of discharge application, you would be discharged. For my mind, it does not so.

But too much delay in filing charge sheet is in violation of your fundamental right under Article 20 and 21 of the constitution of India. Hence, you approach the High Court for proper direction (immeidate filing of charge sheet or no charge statement from the I.O.) as your life and liberty are at stake. Try on those lines.

(Guest)

Thanks Prabhakar sir. I am optimistic because I do have proofs that most of their allegations are false. They do not have any proof of what they have said. They have put vague allegations on me that's why I was optimistic.

Anyways, I was thinking to approach High Court to quash the FIR on basis of "inordinate delay" in filing the Chargesheet. But I am confused on the limit of the duration which is required to justify the inordinate delay.

Any other options to get rid of this case?