LCI Learning
New LIVE Course: Toxicology and Law. Batch begins 21st July. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Nabarun (Consultant Physician)     27 September 2012

Time for filing charge sheet filing?

Dear sir/madam

Is there any maximum time by which the police has to file a charge sheet for an FIR for offences under Section 304A?If such a maximum time frame exists and the police has not filed a charge sheet within this period of time what happens to the case?Does it get dismissed automatically?



 6 Replies

Guest (Guest)     28 September 2012

There is no time limit for filing the chargesheet.

1 Like

Arvind Singh Chauhan (advocate)     28 September 2012

It is 3 year for 304 A.

Guest (Guest)     28 September 2012

@ Arvind

 

Tell me which provision of the Cr.P.C prescribes the time limit for filing the chargesheet within 3 years for 304-A?

1 Like

Arvind Singh Chauhan (advocate)     29 September 2012

If I am not wrong Sec 468 Cr.P.C.

Guest (Guest)     29 September 2012

@Arvind

 

You are indeed wrong and terribly wrong.

Read again S.468 Cr.P.C. It deals with the limitation period for taking cognizance of an offence by the court, and not for the filing of the chargesheet.

1 Like

Arvind Singh Chauhan (advocate)     29 September 2012

Respected Sir I pay respect to your views.

 

But If I am not wrong. 468 provides court can't take cognizance after such & such period. What does this mean ?

 

Whether charge sheet filed after this period court can or will take cognizance ? Answer is no? That's why, the period of limitation is as prescribed under 468.

 

Please correct me ????


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading