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ashok kumar (Social Worker)     28 April 2013

Lapse of 90 days after fir


Lapse of 90 days after FIR

What is the impact of lapse of 90 days from the lodgment of FIR

The accused is neither arrested nor the charge sheet is presented in this period


 4 Replies

MohammedRaffiq Bijapur (Advocate)     29 April 2013

FIR does not loose its sancity.

The period of ninty days comes in act only when the accused is arrested.  Sec 167(2) provides a statutory right for accused for bail if no c/s file within 90 or 60 days as the case be.

satya prakash (Clerk)     29 April 2013

is it applicable in 498a case as well?

Can 498a FIR be kept for more than one year? in my case in-laws & wife claims they have filled 498a one year back but till today I havent received any notice or any call.

Hem Singh (Partner)     01 May 2013

There is neither any stipulated time in CrPC within which police has to file charge sheet before magistrate nor the magistrate has powers to direct the police to file charge sheet within any specified time. however the magistrate can ask for status report to know at what stage the investigation is and what is the progress in investigation.

satya prakash (Clerk)     01 May 2013

in my case wife & in-law claims they hav filled 498a one year back but no progres on it as I ddnt recv any intimation.

When I checked with Local police then they said that dont worry if anyother charges no issue it can be kept open but for DV & 498a Cases Police have to take solid action within 90 days? else they have to give solid reasons why it got delayed? not sure how true it is?

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