Almost 3 months but the chargesheet has not been filed.

554 votes

Yes...in offence like murder and all chargesheet should be filed as soon as possible and the IO of the case should also inform the complainant about any progress in the case. The complainant can always approach the court and ask for the status report from the concerned PS.

Advocate Jitender Singh LawRato

991 votes

In case the chargesheet is not filed within the time limit for statutory bail, which is 90 days for offenses punishable with death, life imprisonment, or imprisonment exceeding 10 years, you can simply plead for bail for the accused persons and same shall be granted without any issue. Further on the issue of no information being provided you can ask your advocate to file an application for the same and he can get the necessary documents and other relevant information required.

Advocate Vikas Sharma LawRato

550 votes

The timeline for filing a chargesheet is 60 to 90 days, depending on the nature of the offense. However, if the investigation requires more time, the IO can seek an extension to continue the inquiry before filing the final report. As a vigilant complainant, if you believe the IO is not conducting the investigation properly, you may file an application before the magistrate requesting court monitoring to ensure a fair and timely investigation while safeguarding your rights.

Advocate Vinayak Bhatia LawRato

796 votes

For Offences Punishable with Death, Life Imprisonment, or Imprisonment of Not Less Than 10 Years: The chargesheet must be filed within 90 days from the date of the accused’s arrest. But in many cases it takes more than what is stated in the law. While the CrPC mandates that the investigation should be completed without unnecessary delay, it does not explicitly require the IO to keep the complainant informed about the progress of the investigation or the filing of the chargesheet. However, as a matter of good practice and to uphold the principles of natural justice, IOs often keep complainants informed, especially in serious cases like murder. Ways you can address the present scenario: you can initiate contact with the IO to inquire about the status of the investigation and the anticipated timeline for filing the chargesheet. If the IO is unresponsive or unwilling to provide information, you can escalate the matter to higher authorities within the police department, like the Superintendent of Police (SP) or the Commissioner. RTI application can also be filed to the concerned police department seeking details about the investigation’s progress and reasons for any delays in filing the chargesheet. Or, file a petition before the Magistrate's court - Sec- 173(8) of the CrPC requesting the court to direct the police to file the chargesheet within a specified time frame. And if nothing works - you can consider approaching High Court. Kindly Note: the reality is - takes much more than 90days for the chargesheet to be filed almost all the time.

Advocate Y Asenla Pongen LawRato

870 votes

Yes Sri/ Ma’am it is duty of IO to file chargesheet within 60/90 days from the date of registration of F.I.R to ensure justice is served. But still if the IO is not updating you about status of your case, we can write an application to his superior ( DCP) regarding the same, still if there is no reply to that then we can move a monitoring of investigation application before the magistrate.

Advocate Harsh Trikha LawRato