Appeal to court to start hearing as hearing not started for 12 years


There is a case (420, 12B) filed in November 2004. There was arrest and bail in 29 days. Police submitted the case in July 2017 almost after 12 and half years of the FIR. As the police could not arrest or interrogate other co-accused they mentioned in the charge sheet as they will submit additional charge sheet later after interrogating those. I want to know your advise whether we can appeal to the judge for waiting and not starting the hearing as other accused are missing in the police charge sheet which is incomplete in nature. Also we want to know how you assess the case as the police took 12.5 years to file an incomplete charge sheet.

Answers (1)


153 votes

file a writ petition as in action of the police for filing charge sheet/ delay and court will give direction/orders to the concern police.
Writ or Order or Direction, particularly one in nature of Writ of Mandamus,
questioning the inaction on the part of the Respondents 1 and 2 in investigating
the Crime Registered in F.I.R. dated on the file of
and under section156(3) Cr.PC and filing the final report (charge sheet)
under Section 173 of Cr.PC, as arbitrary, illegal, unfair, unjust and violation of
Article 14 of Constitution of India, and consequently to direct the 2 nd Respondent
to complete the investigation and file the final report immediately in the interest of
Justice,


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