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within how many days from the incident should an aggrieved person file a charge


14-Jun-2024 (In Criminal Law)
Good morning. Sir we filed a case on male. He cheated my sister . He escaped before marriage. So we went to police station they told us to come after Muhurtham time until the we have to wait. The next day after Muhurtham time we filed a case. The police filed 420 case on him. But it's been more than 15 days but they r not responding and even they haven't not submit this case to court? Actually what is the time limit after filling an fir to produce it to court? Not even they haven't arrest that Bride yet. What is the fir validity ?
Answers (4)

Answer #1
359 votes

If the police are not investigating the matter of an FIR, you may take the following steps:

  1. Write a complaint letter to the Superintendent of Police (SP) of the concerned district or to the Commissioner of Police (CP) of the city, detailing the inaction of the police in investigating the case.

  2. If there is still no response, you can file a complaint under Section 200 of the Code of Criminal Procedure, 1973 with the Magistrate or the Metropolitan Magistrate having jurisdiction over the area where the incident occurred. The Magistrate has the power to direct the police to investigate the case under Section 156(3) of the Code.

  3. If you believe that the police are deliberately avoiding investigation of the case due to some reason, you can approach the High Court or the Supreme Court and file a writ petition under Article 226 or Article 32 of the Constitution of India respectively, seeking directions to the police to investigate the case.

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Answer #2
750 votes
if any first information report is received it must be sent to court within 24 hours from the date of registering the crime. please see whether any receipt is given to you or not or else please encrypt your complaint in a white paper and register post to the concerned police station, superintendent of police, local magistrate having jurisdiction and district collector then only it will get registered and you can get justice
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Answer #3
803 votes
Hi
Any FIR filed under 420 case is a cognizable offence.
Generally, cognisable offence means a police officer has the authority to make an arrest without a warrant and to start an investigation with or without the permission of a court.
So, not sure why police want to take cognizance of the offence with the permission of court.
Courts generally take cognizance of such offences within 24 hours.
You should apply to High court and ask for directions for registration of FIR and commence investigation.
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Answer #4
715 votes
If the accused arrested then Police have to produce him before Magistrate within 24 hours. If police have not arrested him means police is still investigating the case. There is no time limit for filing of a charge sheet though if an accused is in police custody or in judicial custody he is entitle to bail if charge sheet is not filed within 60 or 90 days under 167 Cr.P.C.

If you are aggrieved with police then you can always file a private complaint with Magistrate under 200 Cr.P.C. Good luck

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