Is there a time limi for filing Charge Sheet after FIR in a 498A situation ? If not what are the oprtions for the accused , who have obtained AB and have been complying with court condition but inconvenienced by the delay by Police . This is in the context of an false complaint being mischevoulsy entertained by Police.
Sec 268 speaks of only offences which is punishable with imprisonment upto 3 years for which cognizance is to be taken before three years from the date of occurrence. However, for offences which are punishable with more than three years imprisonment, no time limit for cognizance of offence is prescribed. But for charge sheet filing, relevant provisions are section 173 read with section 162 which is 3 months from the date of filing an FIR u/s 154, if the offence is punishable with death or imprisonment for life and in other cases it is 60 days from the date of FIR.
KINDLY NOTE THAT THE FOR FILING CHARGESHEET LILMIT IS 90 DAYS.KINDLY NOTE THAT IN CASE CHARGESHEET IS NOT FILED IN 90 DAYS AND IF ACCUSED IS IN JAIL AND HE APPLIES FOR BAIL,HE WILL BE GRANTED BAIL.PLEASE NOTE.GOOD LUCK.
We have a situation where the CF (Filing) number is dated 1st Nov. 2010 but till date the case has not been numbered. (I.e. CC number). It appears that court returned the charge sheet with some commentts and the police have not resubmitted after fulfilling . Can this be considered "Filed" tecnically ? Till date we do not even know what the charges are as the court does not have copy of the Charge sheet. In this case the four accused could obtain anticipatory bail after thawing an arrest attempt and the aim now is to end the matter as early as possible. At what stage does one file a quash petition, ?