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FIR lodged for call details 1 year earlier no action taken what to do
04-Jul-2023 (In Criminal Law)
A FIR has been lodged in police station (Madhya Pradesh) but no action has been taken till now. It's been 1 year enough time to start a 'process' or the case but the Inspector is saying 'we are gathering call details'... How long will it take? How much more should I wait? Or can I go to court? What is the process of taking the case to the court? Should I lodge another FIR but in a different police station in another state?
You can not lodge second FIR for the same offence but you can approach the Hon'ble High court gor direction to the police authority to complete the investigation in time bound period on the basis of fundamental right of speedy trial of every citizen of india.
Generally speaking, there is no maximum time period for filing of charge sheet prescribed under law. However, for summons cases (i.e., a case NOT relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two year), the following legal provision exists in Section 167(5) of Cr.P.C.:
“(5) If in any case triable by Magistrate as a summons case, the investigation is not concluded within a period of six months from the date on which the accused was arrested, the Magistrate shall make an order stopping further investigation into the offence unless the officer making the investigation satisfies the Magistrate that for special reasons and in the interests of justice the continuation of the investigation beyond the period of six months is necessary.”
Other than this, there is no general provision for putting a maximum time limit on the filing of charge sheet. However, if an accused is under arrest and if the charge sheet is not filed within 90 days or 60 days (depending upon the gravity / seriousness of the case), then he may seek default bail after such period if the charge sheet is not filed within that period [See: sub-section (2) of Section 167 of Cr.P.C., for more details]. But, this does not mean that there is a maximum time limit for filing charge sheet; it only means that if the charge sheet is delayed beyond these periods then the accused under arrest will get right to be released on bail on this ground alone.
In your case I will advise you that you file a case before Hon'ble High court and pray for direction to the police authority to complete the investigation in the time bound period it will help you and will solve your problem.
I hope this advice will help you to understand and face the problem.
Generally speaking, there is no maximum time period for filing of charge sheet prescribed under law. However, for summons cases (i.e., a case NOT relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two year), the following legal provision exists in Section 167(5) of Cr.P.C.:
“(5) If in any case triable by Magistrate as a summons case, the investigation is not concluded within a period of six months from the date on which the accused was arrested, the Magistrate shall make an order stopping further investigation into the offence unless the officer making the investigation satisfies the Magistrate that for special reasons and in the interests of justice the continuation of the investigation beyond the period of six months is necessary.”
Other than this, there is no general provision for putting a maximum time limit on the filing of charge sheet. However, if an accused is under arrest and if the charge sheet is not filed within 90 days or 60 days (depending upon the gravity / seriousness of the case), then he may seek default bail after such period if the charge sheet is not filed within that period [See: sub-section (2) of Section 167 of Cr.P.C., for more details]. But, this does not mean that there is a maximum time limit for filing charge sheet; it only means that if the charge sheet is delayed beyond these periods then the accused under arrest will get right to be released on bail on this ground alone.
In your case I will advise you that you file a case before Hon'ble High court and pray for direction to the police authority to complete the investigation in the time bound period it will help you and will solve your problem.
I hope this advice will help you to understand and face the problem.
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Adv. Rohit Jagwani
Gwalior | 100+ Answers
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