what should I do 16 months after 498a FIR

Engineer

Hi,

 It is more than 1year 4 months since my wife filed 498a FIR against me. It seems Poilce has nto yet filed chargesheet against me.  what must I do now? I have been waiting for court summon since all these days.

since how long more police can take the time?  What can I do if it becomes older and older?

 I came to know from a Police person that Police can take 2 years in filing chargesheet , if they do not

do so, I can give them application after 2 years of FIR thay kindly close the case in Police station itself.

Kindly let  me know the correct procedure.

Regards

Manish

 
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lawyer

hi manish

u r on bail or not? tha law says that if person is in jail i.e. not granted bail then 60 days time limit for filing chargesheet . otherwise 3yrs. for chargesheet filing.so u give detail of ur case to m e. and wait for some time.

 
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legal practitioner

Dear Mani,The Supreme Court held in recent case that.... No general and wide proposition of law can be formulated that wherever there is any inordinate delay on the part of the investigating agency in completing the investigation  such delay is a ground to quash the FIR.  It is not possible to formulate inflexible guidelines or rigid principles of uniform application for speedy investigation or to stipulate any arbitrary period of limitation within which investigation in a criminal case should be completed.  The determination of the question whether the accused has been deprived of a fair trial on account of delayed or protracted investigation would also depend on various factors including whether such delay was unreasonably long or caused deliberately or intentionally to hamper the defence of the accused or whether such delay was inevitable in the nature of things of whether it was due to the dilatory tactics adopted by the accused.  The court, in addition, has no consider whether such delay on the part of the investigating agency has caused grave prejudice or disadvantage to the accused.  It is imperative that if investigation of a criminal proceeding staggers on with hardy pace due to the indolence or inefficiency of the investigating agency causing unreasonable and substantial DELAY resulting in grave prejudice or disadvantage to the accused, the court as the protector of the right and personal liberty of the citizen will step in and resort to the drastic remedy of quashing further proceedings in such investigation...

State of Andhra Pradesh Vs.

P.V. Pavitharan 


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Engineer

Hi Ajitabh,

  From your message what I get is, investigation agency can deley the case infinitely?  I am on bail and have been waiting for court summon for my 498a case. I tried quashing it in high court and the withdrew the quash application once Police assured me that they will remove my parents from the chargesheet. FIR filed by my

wife is very very weak where she pleades the police to just warn me adequately and she still wants to live with me.
    I do not understand the lot of delay caused by Investigation as there is nothing in the FIR , and no evidences that I  harassed her or took any dowry.

   I have not approached the police as I do not know why should I ask the Police to speed up the matter.

I have filed a divorce case and waiting for my wife to come to negotiation table and took appropriate amount of  alimony. I want this because I want to save my 5.5 year old son whom she kidnapped legally after filing 498a.

  So, Kindly let me know what should I do? Should I keep mum or pursue the Police to file the  chargesheet soon.

Regards

Mani

 
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