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Ramandeep (stu)     08 July 2010

FIR filed U/S 65, 66 ITA and 420 IPC, no chargesheet in 1 yr

Hello the expert panel I am in immidiate need of advice

An FIR was lodged against me US 65, 66 ITA and 420 IPC and the computer was confiscaed during the raid. But it has been over a year now and still no charge sheet has been filed by the police. I am mearly a student(adult) with no negative background or criminal records. Since 1 year there is no party whosoever the wrongful loss has occured during hacking has come forward, neither there is any electronic evidence collected as per the police file. No Witness has come forward neither are expected any, is there any way out of the tangle soon..as i have my career to pursue. The acedamic records have been excellent.


 9 Replies

N.K.Assumi (Advocate)     08 July 2010

You can not take the benefit of limitation for cognizance but you can take the benefit of other beneficial provisions provided by law in your favour.

Ramandeep (stu)     08 July 2010

Plz guide me in detail, can i go for quashing too.

Vinod kashyap (Advocate & Legal advisor)     09 July 2010

The limitation to file charge sheet is being limited to bail & congnizance by court. no other benifit available in your favor.

Samip (Lawyer)     23 July 2010

I think you should take a chance...

go for quashing.

bhupender sharma (head)     28 September 2010

The code of criminal procedure provides the limitation for taking cognizance under section 468 of the code and the court may take cognizance up to 3 years as the offence provides the punishment up to three years in 420. More so u may move an application under the R.T.I. Act for seeking the information in this regard.  

Mitesh Joshi (LDC)     31 January 2011

experts, but is it alright for the police to be keeping his computer for such a long time. Even if nothing comes out of this, the person would have been deprived the use of his own computer for no reason at all

Ramandeep (stu)     01 February 2011

Well fellows let me update they filed the chargesheet  in Nov'10 (1 n half year after the FIR lodging) with 3 policemen as the witnesses(no one else) and in name of evidence they dont have any forensic or digital/electronic evidence.The police never bothered for forensic analysis of the Hard drives or anything in particular.So our lawyer went for consideration on charges in the same month for which the decisions has been pending with the trial judge from the last 4 hearings since the arguments.

What further options should i pursue (Sessions Court or High Court) in the mean time as it is a crucial period for my education abroad and i have been denied job at two prominent MNC's due to ref. checks.

Thank You folks,

looking fwd. for suggestions.


You should file Criminal Misc. Petition nder section 482 for quashing the procedings....Mr Samip is right you should take a chance....  as you said earlier that the charge still to be frame against you fr last 4

hearing ..you nt clear that what is  the evidence collected by the investigating agencyagainst u in charge sheet... .. its better nw to approach High Court under section 482 Cr,P,C,

lingraj maradi (advocate)     22 February 2011


you have good case to go for quashing u/s 482 of Cr.P.C. bacause there till today no charge sheet was filed then there is ground in your favour and one more thing if no frima facia case against you then you have good case quash the proceedings

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