Upgrad LLM

time limit to file chargesheet u/s.420

business

Hello everybody,

A cheating case u/s.420 of the IPC was filed to the PSI in the month of February after the amount in question was repaid on moral grounds. Does cheating case so filed after the repayment hold good in law? What is the remedy to counter such a case filed?Till date there is no chargesheet filed. Bail has been obtained. What is the time limit for the investigation officer to file the chargesheet before the trial court and can he apply for extension of the same?If yes, by how many days?If the prime accused has not yet obtained bail, should the second and the third accused attend the court regularly because the prime accused has not turned up?or that they can apply for exemption till filing of the chargesheet? Kindly advice

 
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practicing advocate

within 30 days he has to file a charge sheet, if not he can seek time to file charge sheet.  It is not heneious case and does not require detail investigation.  If charge sheet is filed lately it is good ground for you.


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ADVOCATE

The time limit prescribed for filing the Charge Sheet is applicable in case the accused is in jail and in case the accused has been released on bail or has not been arrested, there is no time limit at all


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08010117611

U/s 167 (2) CrPC  of CrPC the time limit is prescribed for filing the charge sheet

(i) Ninety-days, where the investigation relates to an offense punishable with death, imprisonment for life or imprisonment or imprisonment for a term of not less than ten years.

(ii) Sixty days, where the investigation relates to any other offense

Therefore in your case the time limit is SIXTY DAYS if there is only section 420 ( Being the imprisonment in this section is 7 years and fine).

 

Rgds

 

 


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refer to the section 468 and 472 in case of continuing offence there is no time limitation as the continuing offence give fresh cause of action for taking the congnizance.

 
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business

thank you all for your valuable advise. Dear Deepak Kapoor sir, the complainant has lodged the complaint u/s.109,177,192,196,417,420,463 and 464 of IPC. But, in the FIR only 420 IPC is mentioned. Kindly advise on time limit for chargesheet when the accused are on bail/not in custody.

Regards,

Vishwanath

 
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business

Dear Sachin Sir,

one of the conditions laid down in the AB is  that the accused shall get a formal arrest before the IO within 15 days of this order. Is this formal arrest accountable for time limit to file charge sheet. Kindly advise.

Regards,

Vishwanath

 
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business

Dear Rajeev Sir,

Fir u/s.420 was filed in the month of march 2010 and later on the accused obtained AB and as the conditions laid down therein1) he got formal arrest before the IO within 15 days and 2) obtained regular bail within four weeks of the order of AB. Till today no charge sheet has been filed . Is there no time limit for chargesheet if the accused is released on bail?and that the time limit of 60/90 days for charge sheet is applicable only if the accused is in custody.Can elevan months delay in filing charge sheet after FIR be a good ground for either Discharge petition or writ before the High Court. Will the FIR be quashed for such a delay. Kindly advise.

Regards,

Vishwanath

 
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08010117611

Basically the time limit prescribed in the CrPC only to secure the freedom of the a person so that, if any case is made out, the charge sheet be filed against that person so that the court take cognizance or otherwise set free the person.

However, the limit to file the charge sheet remain same described in section 167 (2), the police can apply for extension and it is discrition of the Magistrate to allow the period as he deemed fit.

 

Further, chapter XXVI deal with the limitation for taking the cognizance. Section 468 of CrPC contemplated  the period to take the cognizance by the court :-

01.    Six months, if the offense is punisable with fine only

02.   one year, if the offense is punisable with imprisonment for a term not exceeding one year.

03.   Three years, if the offense is punisable with imprisonment for a term exceeding one year but not exceeding three years.  

for the purpose of this section the period of limitation, in relation to offense which may be tried together, shall be determined with reference to the offense which is punishable with the more severe punishment or, as the case may be, the most severe punishment

 

Therefore, in your case the limitation to take the cognizance is 7 year from the date offense as contemplated in section 469 CrpC

 

rgds

 
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business

Thank you Deepak Sir

 
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