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Time Limit for filing charge sheet

Page no : 2

Siddharth Dev (Advocate)     22 May 2016

Originally posted by : BS Rangi

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.

offence committed is Hurt u/s 323 IPC and criminal intimidation u/s 506 IPC so you can complaint before concerned PS and get the fir registered.

             Thank you

     

 

Siddharth Dev (Advocate)     22 May 2016

Originally posted by : subir
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.

it is very much important to note that police generely file charge-sheet along with report within 60 to 90 days as per case concern but in fact police shall file charge-sheet as soon as possible it is settled law.

Thank you

Siddharth Dev (Advocate)     22 May 2016

Originally posted by : ARVIND JAIN
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.

 

 

u/s 173 it is settled law that it is obligatory for IO to file charge-sheet without unnecessary delay

Thank you 

BS Rangi (President)     08 June 2016

Sir,

Refer to Defence lawyer19,

FIR 202 /2014. Police ordered to file closure report.This was done and police report was challenged by victim. SDJM accepted and slapped one more IPC clause in addition to 323 & 506. Hon'ble Judge added IPC 341 and trial was to commence. Accused avoiuded summons many times. Now he accepted summons thru his maid.NEXT TWIST TO CASE. 

2. CASE HAS BEEN REFFERED TO CJM PANCHKULA BY SDJM KALKA. OUR LAWYER ALSO SAYS THAT THIS IS FIRST KIND OF REFERENCE THEY HAVE COME ACROSS PROCEDURALLY.

3. ORDER IS YET TO BE RECIEVED, AS IT JUST HAPPENED ON 6 JUN.

4. I SHALL POST THE ORDER AS AND WHEN IT IS AVAILABLE TO ME.       

5. POSSIBLE REASON ? 

harry   02 February 2018

Sir, Be cautious !! The summons are served to him through his maid which itself is not maintable in the eye of law,  

" Service of summons when person serving cannot be found -Section 64 –

Where the person summoned cannot, by the exercise of due diligence be found, the summons may be served by leaving one of the duplicates for him with some adult male member of his family residing with him, and the person with whom the summons is so left shall, if so required by the serving officer, sign a receipt therefore on the back of the other duplicate.

Explanation :- A servant is not a member of the family within the meaning of this section."

Please get he order of afficxation from judge 

 

Thanks

Harpreet singh Gandhi (Advocate)

9891122452


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