LIVE Course on Transfer Property Law | Price Hike in 4 days | Grab it now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

priti (nothing)     20 June 2013

Chargesheet not filed yet

FIR lodged in february 2013 but chargesheet not yet filed, no-one arrested on lodging of FIR.now NBW is there and everyone ran away.2 accused ran abroad and i am afraid rest of the 2 can also run abroad.What can be done for getting chargesheet filed?



Learning

 16 Replies

Seetharamreddy Kancharla (Student)     20 June 2013

hi, u didnt mentioned about the case details , file an anticipatory bail in the sessions court or file a  writ petiton in the high court  for squash, they will direct the police to file the Charge shett in a particular time period.

priti (nothing)     21 June 2013

I am the complainant.Case is 498a and 406. My inlaws tried for AB but got rejected in session court.now they fled away  and not attending any court trials.What to do? Chargesheet not filed yet.

Advocate Deepak Gupta (Lawyer)     21 June 2013

I think your in-laws seeking AB from High Court , that why absconding .  If accused got AB from Session Court or High Court , they appear court at the time of filing chargesheet. Trial start when chargesheet file by Police . Generally Police file chargesheet in 90 days , but not compulsory .

1 Like

priti (nothing)     21 June 2013

@Adv.Deepak

they did not get AB yet and absconding till now.90 days are over how to get the chargesheet filed as police is taking bribe and sitting just doing nothing.

Sudhir Kumar, Advocate (Advocate)     21 June 2013

please approach NCW if yu feel police is not doing enough to catch tghem.  Such accused do not abscond for long.  Keep tgrack on high court cause list on net.

1 Like

priti (nothing)     22 June 2013

they are absconding since 3 months. what will happen if they still kept absconding.What will the court do for that? how can i get the copy of NBW from the court or police to send it abroad through MEA? do i need to be present there personally to obtain the copy of NBW or my advocate can do it? Ur help will be of great value.

Advocate Deepak Gupta (Lawyer)     22 June 2013

Its police job to declare them absoconding  and move application against them in court to seize their property ( Sec- 82,83  Cr.P.C)   . After rejecting of  AB (Sec -438 Cr.P.C)  in session court cant issue NBW. NBW is for police to arrest the concerning person , if police fail to arrest the person , submit the NBW along with reason in court , after that you apply for certified copy of NBW .  

1 Like

priti (nothing)     23 June 2013

@ ADV.DEEPAK

first NBW was issued as they did not attend the court trial then they applied for NBW and it got rejected.Now i am asking police for the copy of NBW so that i can give that to passport officer to get his passport revoked, but police is not ready to give me the copy  of NBW.what can I do in this case. how to get NBW or its copy  he is NRI.parents are still in india but absconding since 3 mnths and untraceable.

Advocate Deepak Gupta (Lawyer)     23 June 2013

Inform to possport office, Home Ministry ,  along with application , FIR , Passport number , certified copy of their bail application and court rejection order   . and after that file petition in HC .

1 Like

priti (nothing)     23 June 2013

i already informed the passport office,home ministry through email.then ministry of external affairs through phne , email and speedpost.even to the embassy in india and abroad but they all want warrant copy which i m unable to get.how to get the copy of NBW pls advice.my lawyer already filed in HC that if they approach for AB my lawyer will be called before granting them AB.I am pregnant and cant travel now.my lawyer is saying i need to be present in SSP's office and request for copy of NBW which is impossible for me now.how to get the copy of NBW thats the main factor for me.plls  help

Advocate Deepak Gupta (Lawyer)     23 June 2013

Take a chance , under Right To Information Act. you can file RTI  application through post, courier  also .

priti (nothing)     24 June 2013

RTI application to whom? where? my concern is getting a copy of NBW anyhow.

Advocate Deepak Gupta (Lawyer)     24 June 2013

Yes for NBW -To SSP, SSP  office .


(Guest)

@Querist,

 

1.File a private complaint to the magistrate in your jurisdiction.

 

2.If 1 doesn't work,File a Writ petition 'Mandamus' in the high-court of concerned jurisdiction.

 

There is no need to go to Home ministry,prime minister as they cannot interfere in judicial proceedings.

 

Further....(If a genuine need arises thereof)

 

Note-This reply should be taken as per the declaration given in my profile page.

 

Thanks,

Regards,


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query