Fir to charge sheet


Respected All,

I have some very specific questions in 498A case end to end process. Below are my questions.

1) What is a maximum time limit a police can hold on to prepare final report/charge sheet after F.I.R is filed ? Again, if they really delaying to file charge sheet apart from police investigation what could be the possible/general reasons they could cause delay?

2) Importantly, what would be accused position during this whole process of F.I.R to Charge sheet process getting delayed ( for whatever reasons ) assuming regular bail is granted or delayed?

3) What are possible legally ideal options from accused side to ensure charge sheet is filed after F.I.R. and case is moved to court for trail to defend ?

4)Now, again even if case is moved to court room, I heard quite surprising statement that "the whole process could be delayed by the complaint endlessly before it is getting started in-first place and the accused have to still attend the summons until then? is that true ? If yes, is there an ideal alternative way with which we can speed up the whole trail process ?

If any of my above questions does not make sense, please have patience to respond to me so that I can ask my questions again. Thanks in advance.

 
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advocate at lucknow

1. There is no bar or time limit prescribed in filing the charge sheet or final report. And there is no definite reasons could be mentioned. 

2. Accused can't interfere in the investigation. you can take bail. you can know the status through the investigating officer out of the legal process. 

3.  I am not understanding that why you want that charge sheet may/shall file and you (accused) face trial. Final report would be best for you.

4. and in India there are so many cases are pending since long ago,, so it may take time for any reason. but what you can do in this point is to appoint a good lawyer.  

 

Abhishek SIngh Advocate 0- 9555 45 66 53

 
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Thanks a lot for answering my questions Abhishek. To answer futher,

my point 1 & 3 are much related.

case 1: if there is no in-definite time ( as per point 1)  to file charge sheet then there is possibility that the complaint is only trying to blackmail accused for some settlement using police as intermediate. If there is no charges filed then his job of extortion is done.

Case 2: if this is indefinite then the case will not start at all and the accused with take the bail and continue as it is. No purpose achieved either way of complaint unless it intentional hurting the other.

point 3, I was here trying to get information on what are accused options to push hard in those worst cases. But,what if the accused know very well that the whole complaint(FIR) is big false (unless police has prepared wrong file report) and there is no way it could harm him if he moves to court then what is the point of delaying to file the charges and start facing it as it goes.

point 4, was to know, how to speed up the trail process getting delayed by complaint purposefully just to get more closer to aquittal.

Thanks,

 
Reply   
 
advocate at lucknow

1. look this problem arises because there is no time limit prescribed in our law to conclude the investigation. as you know one of the investigation went on 24 years which was executed by CBI. So there is no question of extortion arises. 

2. this question is sentimental, but it happens, you can only know the status through RTI or through I.O.

3. you can also file false complaint before magistrate, it balance both side. and other things are matter of practicle practices. 

4. You can only take steps after filing the charge sheet to fasten the matter.

 

Abhishek SIngh Advocate 0- 9555 45 66 53

 
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