(Guest)

Speedy trial

I have not received any chargesheet for the last 15 months since FIR filed498A/406 DP 4&6.

1. CAN I FILE SPEEDY TRIAL NOW or DO I NEED TO WAIT UNTIL I GET CHARGESHEET ?

2. ALSO I DONT KNOW IF WHAT DEVELOPMENTS HAPPENED IN THESE 15 MONTHS OTHER ARRESTING US , LIKE ANY EVIDENCES AGAINST NOR THEY HAVE ENQUIRED ANYTHING FRO US ?

My lawyers suggesting me that i cannot file speedy trial. then how i am going to take it further?

Instead he wants me to go for quash for FIR( charge sheet not filed).

if i go for quash for FIR i learned it will not workout from this forum.

WHAT Should i do??????????? Please advice. I been framed in False case. I need to take this further.

they are not filing chargesheet.

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8 Replies

Saifullah.C (Advocate,Chennai) 12 November 2014

Change your lawyer Which state/city your case is pending?

Sudhir Kumar, Advocate (Advocate) 13 November 2014

No facts of the case have been stated. So there is no point to agree/ disagree with your advocat's views.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 13 November 2014

wait and watch till the filing of charge sheet, there is no specific time for filing the charge sheet, it is completely discretion of police.

without filing the charge sheet the case can not be start, then being an accused, if you are, sit tight and wait for you turn, when the court issue summon to you then appear before the court, get the copy of charge sheet and file a discharge application before the trial court and argue the matter with the help of lawyer and SC/HC Judgments.

Feel Free to Call

(Guest)

I been told to do for WRIT PETITION ..

would this helpful to to get chragesheet?

please advice

(Guest)

If i wait they will make me sit for 10 years. if the case is truthful why cant they just go for trial?

SANJAY GUPTA (Advocate) 13 November 2014

Wait for the charge-sheet to file in court, then you decide, Charge sheet may file against you or police may pray for closure of the case for want of evidence, or you file a petition before the court for call for a report from investigating officer regarding the current status or development of the said case.

(Guest)

Thanks Sanjay

Would filing Writ Petition be the ideal step for call of a a report from investigating officer regarding the current status?

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 14 November 2014

More than a year police did not file the chargesheet.

So your personal liberty is depriving as per Article 21 of Indian Constitution.

Please go-head and file Writ Petition (Article 226 Mandamus / Direction) and pray for quashing with cost, Pray for disciplinary action against the IO. If quashing is not granted then pray for Speedy Trial in the same petition.

Sample Writ Petition can be found in the following link.

If is always batter to appear in-person (Without Advocate).

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=3#.VGWvEFeDVdg