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Suresh (Engineer)     07 November 2012

False complaint registered on me

Dear sir's,

My neighbours were encroaching in our enchesters Tenanted land by throwing chicken waste garbage etc. so I constructed Dattatraya temple on this disputed land. So my neighbours filed a registered police complaint against me under section 143, 452, 323, 324, 506 etc. on 13 march 2012 saying that We have entered inside there house and beaten them because one of his brother has got married to my elder Sister's Daughter. I came to know about the same on 16 july 2012. so I had applied and granted bail on 17july 2012. Now police is in the process of filing chargesheet against me. 

Is there any problem to me?

Even they have given my vehicle details also in the complaint since I am staying away from my native house.

The charges filed on us are totally wrong.

Is there any scope for filing the chargesheet now since 90 days time is over?

Please suggest.....

Suresh 



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 2 Replies

Sanjeev (Lawyer)     07 November 2012

there is no 90 days limit to file charge it can be filed now by police.

90 day limit is applicable if the accused is in custody.

Suhail Malik (Standing Counsel Supreme Court )     08 November 2012

@Mr. Suresh Since bail has been granted to you already, as such there is nothing much to worry about. With regards to the chagesheet, it may be noted that chargesheet is nothing but a final report of the investigation prepared by the police and ofcourse chargesheet can be filed beyond the period of 90 days. After the filing of the chargesheet the Judge will hear arguments on charge and may charge or discharge you in all or some of the sections alleged in the chargesheet. If the charges are framed against you then you will have to face the Trial and have to remain present on every subsequent date unless exempted by the Court. If you think that you have a very strong case in your favour supported by evidence which can establish that no prima facie case is made against you then you may also approach the High Court under Section 482 of Cr.P.C seeking quashing of the F.I.R. An order framing charge can also be challenged and a revision petition can be filed against it before the Sessions Court.


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