Was in jail for 2 months police saying charge sheet not yet filed

566 votes

kIindly go by your advocate, when charge sheeted your presence is very much required in court to serve you copies along with other accused if any, you did not mention about sections you have been booked if the offences are compoundable, it can be done only with the help of de facto complainant, failing which it will be a difficult task. If police says they can do away with the case, try to resolve the same taking advocate in to confidence, it is not advisable to go by police version alone.

Advocate RS Raghavan LawRato

506 votes

Charge sheet is nothing but a Final report and it will have all the details of police investigation with names of witnesses and documents. According to law, when the accused is in custody, charge sheet has to be filed within 90 days if the crime is punishable for life or death or 7 years and 60 days if the crime is punishable for any other offences, if not, the accused is eligible for bail. Further if the accused is not in custody, no time limit has been prescribed by law.

As per the Criminal Procedure Code, the charge sheet is the end product of investigation. With filing of charge sheet, the investigation is closed. Once the charge sheet is filed, summons will be sent to you or police will make phone call to receive charge sheet. Sometimes police would not send a notice or call you after the completion of charge sheet. However “Police inspector is telling charge sheet has not been filed yet….……………” thats a different arrangement.

In the meantime you can file an application under RTI and can obtain a copy of Charge sheet and other documents involved in your case. We can’t find whether charge sheet has been framed by the police or not, but we can find whether charge sheet has been filed in court. If your advocate is telling that the charge sheet has been filed in court, ask him to get a copy from the court. If you share your problem with precise details, further advice can be given.

Advocate Senthil Kumar LawRato