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RAJAN (HR MANAGER)     16 September 2008

Time Limit for filing charge sheet

Sir,

Once the police has registered the case after getting complaint and FIR, within how many days,police authority has to file chargesheet in court,is there any time limt.can it be file after timelimt?



 19 Replies

K M Narayan (Lawyer)     16 September 2008

I am a Lawyer practicing in Mumbai. I heard that a PIL has been filed in Supreme Court against the

non-maintainablity of Information Technogy Act 2000, in respect of Information Technology Amendment

act 2006. That PIL is asking for blanket ban on Information Technology ACt 2000.

Do you members know anything more about that PIL

Kanhaiya Singh (Advocate)     16 September 2008

Dear Rajan,


                       Sec.167 Cr.P.C. deals with the procedure when investigation cannot be completed in twenty hours.A time limit  of six months has been prescribed in the matter with respect to summons cases only.However, some of the states have prescribed for completion of investigation by amending Cr.P.C.


                                                                                              - Kanhaiya

salilkumarp (advocate)     18 September 2008

dear sir,


the time limit prescribed is 60 days for offences punishable with 10 years / less and 90 days in other cases as per sec 167(2) of crpc.


and, if police fail to submit chargesheet with in the this time limit,accused is entitled to  bail as a matter of right , from the magisstrate court itself, even in sessions cases.in various decisions,sc has made it clear


 

1 Like

ARVIND JAIN (Advocate)     18 September 2008

I think there is no limtation for filing charge sheet. Accused may get bail if charge sheet is not filed within 60 or 90 days but no one can force the IO to file charge sheet. He may not file at all or may file the closer report.

1 Like

Dilip srivastav (advocate highcourt lucknow)     19 September 2008

 


 Accused may get bail if charge sheet is not filed within 60 or 90 days but no one can force the  IO to file charge sheet.there is no provision in crpc to obligation for filing the chargrsheet in certain time period. 

aatma   21 September 2008

Recent Madras HC order - in 498a, DP cases.


vi) Charge sheet must be filed within a period of 30 days from the date of egistration of the F.I.R. and in case of failure, extension of time shall be sought for from the jurisdiction Magistrate indicating the reasons for the failure.


FIR filed on April, but till date no report from police. How to know the police  did get  or not get the permission from the magistrate? If the police did not get proper extesion from the magistrate, how this will help for falsely accused person?

ravi (computer operator)     21 January 2009

DEAR SIR,


I WAS WORKING IN ONE MEDICAL AGENCY AS A WORKER IN MAHARASHTRA AND IN 2006 I AM ARRESTED FOR 381/1 AS THEFT IN MEDICAL AGENCY AND LEAVE OUT WITH BAIL IN FIFTEEN DAYS MY LAWYER TOLD ME THAT WHEN YOUR CHARGESHEET WILL BE FILED IN COURT YOU WILL BE GET SUMMONS OF COURT TO PRODUCE HIMSELF BUT SINCE 2006 I DO NOT CALLED AGAIN AND NO SUMMONS COME TO ME SO PLEASE TELL ME WHAT HAPPEN WITH MY CASE PLEASE HELP ME AND ALSO TELL ME CAN I APPLY FOR GOVERNMENT JOBS WITH THIS TYPE OF CRIMINAL BACKGROUND.

Ruchesh Sinha (Lawyer)     21 November 2009

what is the time limit for filing charge sheet in case of undetected cases i.e. where there is no accused.

ravi shankar (consultant)     10 April 2012

dear aatma

 

can you be kind enough to give me the crl.o.p.no of the case please

thanks and regards

kaliya (serviceman)     06 May 2012

Dear Rajan,

Police can file chargesheet anytime within 3 yrs.

subir   13 April 2016

Within what time police must have to file chargesheet for sec 307/498a/34 ipc case for which I was arrested?  If FIR can be complete without time of incident and injury report? Pls answer.

BS Rangi (President)     02 May 2016

Sirs,

In similar case FIR was lodged in Oct 2014 on directions of SDJM under Cr. P.C. 156(3).

Police investigated and withheld the closure report prepared within 90 days.When victim approached DGP of state ,he ordered that closure report be sent to SDJM.This was done .

Victim filed protest petition.SDJM upheld the victim request and SDJM issued summons under  IPC 323,341 and 506. 

1st date was  in Apr 2016. Accused did not appear . He is avoiding summons .

Querry is how long can accused continue avoiding summons ? What is the effective way of ensuring that accused gets summons. He is living near my house and occasionally shows me eyes as if trying to intimidate me as I M prime witness and prime mover of this case.We want justice for the victim whom he thrashed in Jul 2014.

Slowing down car in front of my house and staring at me .What is the offence he is committing by doing such activities ? Can I take him to court ? If so on what grounds.

Kindly advise.   

 

Siddharth Dev (Advocate)     13 May 2016

there is no time limit prescribed by statue instead charge sheet shall be filed as soon as possible

Siddharth Dev (Advocate)     19 May 2016

As soon as possible no prescribed period mentioned in criminal procedure code

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