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io is delaying chargesheert. what to do ?

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I got bail in 498a. Then wife applied for cancelation which get rejected.

 

Now again wife applied for cancelation of bail which is in progress. 

Now IO is unnecessarly  delaying charge-sheet. He said that he is waiting for result of bail-cancelation application. But experts at LCI says that there is no relation between the application for cancelation of bail & charge-sheet filing.

What to do ? How to make him file charge-sheet ?

 

1)It's 8 month after FIR.

2) This is a new IO & knows nothing about my case.

3) Two days before he calls me & ask(request) me to arrange 2 lakh loan for him . He can give post dated cheque & affidavit also. ( Why do I arrange him ? I know him only last month. 

4) How can I change IO ?

DELHI

 
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Senior Partner

 @ Author, 

First the soft part

Most common question you may ask me again via PM hence I give them away before hand
J

 


Que. 1: I
s it good to have the charge sheet filed faster or delayed?
It is good as well as bad. The bad is such as this will delay the trial. Good in one way that after some time, say 1 year you can go for quash of FIR


Que. 2:
When & how to quash the charge sheet in HC ? Is there anything I can split the charge sheet and apply for quash my family and me separately?
If you see that there is an abuse for law then go for quashing. Otherwise wait for the time till the charge heet is filed. To the best of my knowledge, the charge sheet may not be filed since it is for talk. If possible do not split the charge heet if it is not in your interest.


A quash application with a strong evidence can help but pls. go with your already hired ld. lawyers advise he has heard all and feel all
 in your case.


However, a plain reading of S.173, Cr.P.C. shows that every investigation must be completed without unnecessary delay and as soon as it is completed, the Officer-in-charge of the Police Station shall forward a report to the Magistrate in the form prescribed. Therefore, there is no question of sending up to a “Police report” within the meaning of S.173 sub-sec.(2) until the investigation is completed. Any report sent before the investigation is completed will not be a Police report within the meaning of sub-sec.(2) of S.173 read with S.2 (r) and there is no question of the Magistrate taking cognizable of the offence within the meaning of S.190 (1) (b) on the basis of an incomplete charge sheet. The incomplete charge-sheets cannot be treated as a “Police report” at all as contemplated under S.173(2) to entitle the Magistrate to take cognizance of the offences. A Police report as defined in S.2 (r) can only be filed “as soon as the investigation is completed”. If it is not complete, no such report can be filed. When no report is forwarded as required by the Code, the Magistrate cannot take cognizance. Thus, unless all these steps are crossed, sub-sec.(8) cannot be pressed in aid for collecting further evidence which really can be called in aid if further evidence is discovered after the filing of the charge-sheet or the Police report on the completion of the investigation. Unless cognizance has been taken, sub-sec(8), cannot be set in motion. The Magistrate cannot take cognizance on the admittedly “incomplete charge-sheet” forwarded by the Police. In case the Magistrate is allowed to take cognizance on basis of incomplete charge-sheet then the provisions of S.167(2) or to say S.468 of the Cr.P.C., can always be circumvented by the prosecution  and the apparent legislative intents under those provisions would not only be not effectuated but undoubtedly stultified.

 


Here is hard part

1. It's 8 month after FIR.
Take: Read above gyan.


2.
This is a new IO & knows nothing about my case.
Take: Even you are not permanent on this tiny planet :-0  However, take the opportunity before he knows better the "other side" by educating him first !


3.
Two days before he calls me & ask (request) me to arrange 2 lakh loan for him . He can give post dated cheque & affidavit also. ( Why do I arrange him? I know him only last month. 
Take: Had he been known to you from singing bathroom duat days would you could have arranged that is what you are expressing here :-) 



4.
How can I change IO?
Take: Having new IO taking over said case is no ground for change and rush to HC, however if you wish to burn money go ahead. 

 
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Thanks tajobsindia

"Most common question you may ask me again via PM hence I give them away before hand J"

Question which is common to you may be a lot complicated for me. 

 

However, a plain reading of S.173, Cr.P.C. shows ................................................................ effectuated but undoubtedly stultified.

I can't understand this. Agar mujhe ye bhasha samajh ati to main silly question kyu poochta. ?

 

2. This is a new IO & knows nothing about my case.

Take: Even you are not permanent on this tiny planet :-0  However, take the opportunity before he knows better the "other side" by educating him first ! 

This is the 5th IO. What is the result if telling my "ramayan" (story). Every previous IO knows my story, what they done in my favor ? "nothing." 

( Except the one who do counseling. )

 

3. Two days before he calls me & ask (request) me to arrange 2 lakh loan for him . He can give post dated cheque & affidavit also. ( Why do I arrange him? I know him only last month. 

Take: Had he been known to you from singing bathroom duat days would you could have arranged that is what you are expressing here :-)  

May be yes. He ask for loan . Not borrowing/credit. What's bad in that ?

 

4. How can I change IO?

Take: Having new IO taking over said case is no ground for change and rush to HC, however if you wish to burn money go ahead. 

This is 5th IO. And seems very much corrupt & wise. He wish to extort money. That's why i want to change him.

 

Anyway thanks for your kind reply. 

 
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Law Consultant

@Zeeshan

 

You can approach area SP/DCP for changing the I/O stating your facts. And if they do not take any preventive action, then you can approach Sessions Court for directions.

 

//peace

/Saurabh.V


Total likes : 1 times

 
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Criminal Lawyer

Dear friend,

                       The maximum time for filing the charge sheet is 60 days on the cases where the conviction is not more then 7 years or capital sentence . So in your case, the time for filing the chargesheet is over .Now you can pray to the court concern for discharge all the accused persons from  the case .

 
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Advocate

I do not agree with Mr. Prasant Pundhir.

It is not that the charge sheet has to be file in 60 days & if charge sheet is not filled in 60 days the accused can ask for discharge.

The said period of 60 days is for default bail. If the police fails to file chargesheet in 60 days & the accused is in judicial custody, he has a right to be released on bail provided he approch the court for bail.

 
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advocate

be cool their is nothing its all tactics of u r wife,she wants to make u afraid and io is corrupt,dont b hurry for chareshhet its thier look out, u r on bail let them file at any time.u will be acquitted.

adv jai ganesh 9323404949


Total likes : 1 times

 
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u may file application under section 173(1) and (3) of the Code of the Criminal Procedure and ask for status reprot and further direction may be issued to the investigation to file chargesheet as early s possible or explian the reason for non filing thechage sheet in time. 

 
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Since the offence allged is of 498A it has 3 three years limitation for taking cognizance as provided in the code under section 468of the procdure code, sill u  can file the above mention application and ask for status report in the said matter.

 
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Criminal Lawyer

It is the duty of the IO to file the chargesheet on time . If he is not filing the chargesheet ,you simply give an application to the court concern praying that as the chargesheet is not filed on due time ,which indicates that the police or IO does not found any evidence aginst you .So the court for the sake of the justice,discharge you from the complaint .

On your application,the court will ask the report from the police station and in responce either IO will submit chargesheet or the court will discharge you . 

 
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