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vijay (consultant)     05 November 2011

Delay condonation in filing of chargesheet

In the matter referred to me from my client about Delay in filing chargesheet :                             1] what is limitation period in case of IPC 465,468,477 ,477a ,120 .                                                2]  How limitation period is counted? a] From which date Limitation Period starts ? b] Starts from the date of Arrest ? c] Starts from the date of Order received by Inspecting Official? or d]From the date of investigation of the case started? if Delay in filing chargesheet is proved,then can the accuse prefer application for Dismissal of entire case?



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 4 Replies

adv. rajeev ( rajoo ) (practicing advocate)     05 November 2011

I think chargesheet suld be filed by the police within 90 days.

pratik (self working)     06 November 2011

but sir 90 days should be counted form which period as per the question sir.

 

Thanks

vijay (consultant)     06 November 2011

Dear Practicing Lawyer,I  have mentioned IPC 468 means Punishment provision is 7 years and as such your Statement and answer can not be counted upon.Kindly refer CrPC 467 and 468 for limitation and limitation act ,this is very important.I wanted practicle solution if any body has encountered the same issue befroe Magistrate and what order he has made during the course and after appropriate Argument.And looking for high court case law to throw light on this issue.Vijay

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     08 November 2011

The query is not clear.

 

 

Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

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