FIR filed for 498A but charge sheet not submitted since 9 months

361 votes

No, the Indian police cannot refuse to file a charge sheet under Section 498A of the Indian Penal Code (IPC) simply because the accused is outside India. If there is evidence to suggest that an offence has been committed, the police are duty-bound to investigate and file a charge sheet.

Under the Code of Criminal Procedure, 1973, the police have the power to investigate and file a charge sheet against an accused who is residing outside India. If the accused is not available for the investigation, the police can seek the help of the Indian Embassy or High Commission in the country where the accused is residing.

In case the accused is not available for trial, the court can issue a non-bailable warrant against the accused. In certain cases, the court may also declare the accused as a proclaimed offender and attach their properties.

It is important to note that if the police refuse to file a charge sheet without any valid reason, the victim can approach the higher authorities or file a complaint in court seeking directions to the police to investigate the matter and file a charge sheet.

LawRato LawRato

682 votes

Police can file charge sheet without him by showing him AS ABSCOND..

And they may file charge sheet against the others if any..

It's not the correct for saying police are playing games.. They are doing their work..

Advocate Arunkumar B Badiger LawRato

886 votes

Sir, The apex court has made certain guidelines with regard matrimonial cases. As per the guidelines, the Police Officer cannot arrest the accused. If wife lodge Complaint against the husband and her in-laws, immediatly the police officer cannot take serious action against the accused. There is a guidelines that after lodge the complaint, the first call upon the accused to enquire the real fact, if the allegation are genuine, then case will be registered and also taking serious action against accused. In this case, already over 9 months, the police Officer neither take serious action nor submit the charge sheet. I suhgest you that you bettre make complaint to higher authority to take serious action, it will automatically pressurised to Police investigation officer or another option is that complainant can take appropriate direction from the magistrate to concern police Officer to submit the investigation report.

Advocate Bhojappa Kallihala LawRato