Chargesheet not filed even after 1.5 years
19-Jan-2023 (In Criminal Law)
I was wrongly accused in a criminal case on 3rd July 2021. The male cops put me under the serious offence of misbehaving with them on duty after i called the woman helpline to report this. We got the bail the very same day but the chargesheet hasn't been filled till 19th January 2023. I need to travel on 10th February and i can't till i get a NOC. What to do
you see there is no law to compel the police to file the chargesheet within a specific time frame. if you need an noc to travel, you may seek the same from the concerned authority from which it is required and if the same is required from the police, you may write to the senior officer like the superintendent of police or commissioner of police and if required visit him with prior appointment and explain to him the circumstances under which you were falsely implicated and that noc is required. if despite this the noc is not granted, you may pursue legal recourse.
What to do if police files false charge sheet?
The Complainant can file a Criminal Petition in the High Court, asking for the filing of the charge sheet. The High Court gives the Investigating officer between 30 and 90 days to submit the chargesheet, or the "C"/"B" report.
What is the limitation of charge sheet?
The time limit for filing an Charge Sheet
In cases that are triable before lower courts, the charge sheet must be filed within 90 days of the date of the arrest of the accused. The accused can default bail if the charge sheet has not been filed in the time prescribed. 06-Aug-2023
Get the FIR quashed from the High Court of your jurisdiction as soon as possible for you. After getting favorable orders from the court you would be able to go and do anything under the laws as a prudent person. Don't wait for the chargesheet to be filed in the court as it has already been 1.5 yrs you said. In such cases, we have got relief from the concerned court as and when required.
As per law 90 days are required to file chargesheet in case the concerned officer has not filed a charge sheet you can file an application before the concerned court for progressive report . You will require noc only when there is such orders by the court that wherever you are travelling you have to get NOC in case there is no such order then there is no need of NOC and you can travel without NOC you just need to inform the concerned police station in case they filed a chargesheet
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