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jagadish (SE)     12 July 2011

How many days police will take to file chargesheet in court

Dear Sir,

My cousin has filed 498a section in front of magistrate(private complaint) on her husband on accounts of dowry issue, harrasment and the police has arrested him and later he got out from jail on bail. The courst has given date to my cousin.  ie on 10 July 2011. But we got info that the police has not submitted the chargesheet to court till now. Its been already 2 months & 20 days since the FIR has been filed.

I think court will not start the actual procedure of the case until the chargesheet is filed in court.

We want to know what course of action we need to take so that the chargesheet is filed by police in court.

Please can anyone advice necessary action we need to take so that chargesheet if filed without any delay.

 



Learning

 14 Replies

Saurabh..V (Law Consultant)     12 July 2011

@Jagadish

 

Chargesheet is filed when investigation is over. If you feel the police in unneccesarily dragging the time and not filing the chargesheet in time then you can approach the same Magistrate before whom you made a private complaint.

OR

File two RTIs.

One in Police Deptt. to ask about the max. time in which such cases should be closed and chargesheet filed. Also ask why is the I/O not filing the chargesheet or what is the hurdle

Second in the court asking the procedure to be followed by the police officer if there is a delay beyond the statutary limit in filing the chargesheet. Also ask what has the I/O done after the time exceeded.

 

There is a statutary privision in CrPC that is the I/O is delaying the chargesheet, then after the prescribed time he has to make a diary entry at his police station mentioning what he did on every day for that case. Also he has to make a report and submit before the magistrate regarding the progress of the case.

 

//peace

/Saurabh..V

pramod (sr .engineer)     12 July 2011

Dear Jagdish

I am aware of whole process and faced lots of problem asked by you.

You cant do anything in this.

Please approach to IO by means of any relative , friend and try to convince him  by any means.

otherwise they will get bail very easily.

case will linger on day by day.

jagadish (SE)     12 July 2011

Hi Saurabh,

Thank you sir for your reply. I have one more query.

But how come is it possible for police to arrest him without filing chargesheet. I am getting confused here, I thought after filing the chargesheet only they hav sent him to Jail. I am worried if police has just pretended that there are sending him to jail in front of us. But when we asked one of the police in PS, he told that he has been sent to Jail. Is it posible for the Police to arrest and send him to Jail without filing chargesheet. 

Please can you tell me the stages after filing the 498a in front of magistrate.

Once again thank u very much for your reply.

 

prashant pundhir (Criminal Lawyer)     12 July 2011

Dear,

          Police can arrest the accused persons only on behalf of the FIR .Chargesheet is not compulsory there .

Rajarshi Bhowmik (advocate)     12 July 2011

IT IS OPPEN FOR THE POLICE TO SUBMIT CHARGE SHEET WITH IN 2 YEARS FROM THE DATE OF FIR. PLEASE NOTE IT IS THE PRINCIPLE OF LAW THAT IF AFTER INVESTIGATION POLICE FIND METERIAL THEN ONLY THEY WILL SUBMIT CHARGE SHEET

Zeeshan (Hidden)     12 July 2011

What if police did not find any material ? False chargesheet ?

prashant pundhir (Criminal Lawyer)     13 July 2011

In place of chargesheet,police will give final report to the court that the complaint found false .

P V Namjoshi (pvnamjoshi@gmail.com)     14 July 2011

Please referred to Sec. 167 Code of Criminal Procedure where in 60 days for cases in which sentence is below 19 years and 90 days in cases of Life or death sentence. How ever different time limits are prescribed in diferent Special Acts

Rajarshi Bhowmik (advocate)     14 July 2011

Sorry but I wi consider I would be deberted from my duty if I does not mention a line here I have gone through the coments/posting of Pvnam Joshi and think I shoud rectify one thig it is clesrly writeen in Crpc U/s 167 that a magistrate Clause (2)


 The Magistrate to whom all accused person is forwarded under this section may, whether he has or not jurisdiction to try the case, from time to time, authorise the detention of the accused in such custody as such Magistrate thinks fit, a term not exceeding fifteen days in the whole; and if he has no jurisdiction to try the case or commit it for trial, and considers further detention unnecessary, he may order the accused to be forwarded to a Magistrate having such jurisdiction:

 

Provided that-

 

1[(a) The Magistrate may authorize the detention of the accused person, otherwise than in the custody of the police, beyond the period of fifteen days, if he is satisfied that adequate grounds exist for doing so, but no Magistrate shall authorise the detention of the accused person in custody under this paragraph for a total period exceeding-

 

(i) Ninety days, where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of not less than ten years;

 

(ii) Sixty days, where the investigation relates to any other offence,

 

And, on the expiry of the said period of ninety days, or sixty days, as the case may be, the accused person shall be released on bail if he is prepared to and does furnish bail, and every person released on bail under this sub-section shall be deemed to be to released under the provisions of Chapter XXXIII for the purposes of that Chapter;]

                                    and so " 60 days for cases in which sentence is below 19 years" is not a true how ever the rest part is areal true one

ravi (CS)     25 March 2012

Dear sir,

i have directly received summon without FIR, under 498a..case has been filed in bihar and we saty at indore,all allegations imposed by girl arises at indore only,moreover she is filing it after 3 years she left the house..ssoo how will the procedure move.which state police has to do investigation,and submit charge sheet.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     28 March 2012

Then move for quashing of the FIR.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


(Guest)

Provision of 167 Cr.Pc is

within 90 days--Chargesheet file in court when offence punishable with death, life impriosnment,

within 60 days--- in anothers offence.

But if I.O need time for investigation than he may file cjhargesheet after it,

 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     30 March 2012

When the accuse is not in custody in Delhi, it hangs for many years.

 

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

surjit singh (Assistant)     23 June 2012

I support the comment of Mr Bhowmik. I further that if there is a unreasonable delay (i.e 1 or 2 years) in that case you can approach the S.P. of the concerned area with an application or can approach the area CJM with an application.


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