How long do police have to file charge sheet if on Anticipatory bail
29-May-2023 (In Criminal Law)
After long ongoing divorce case, on some agreed terms together living was agreed and within couple of days wife filed false FIR under 6-8 different IPC sections (498-A,377,323,504,506). Anticipatory bail was granted.nIts been more than a year and no charge sheets have been filed. Pending case is creating problems.nnHow long do police have to file charge sheet so that the trial can begin and innocence can be proven.nnWhat is the possibility that high court will quash fir based on evidence.
Usually, the Police has to file a Chargesheet within 90 Days in case of the Offences which are punishable for more than 3 years and within 60 Days for the Offences which are punishable for less than 3 years. If the Investigation does not get completed within this prescribed time period, then, the Police can seek an extension.
The police may file chargesheet within 90 days from the date of arrest.
Have you given attendance before the police station when you secured your anticipatory bail.? Was your statement recorded by them.?
The High court will not quash the case since it is not prima facie false or not incriminating you. The court will also see the medical test of your spouse whether there was any fresh injury related to section 377.
So.. chances of Quashing in this particular section is nil until and unless chargesheet is filed.
Have you given attendance before the police station when you secured your anticipatory bail.? Was your statement recorded by them.?
The High court will not quash the case since it is not prima facie false or not incriminating you. The court will also see the medical test of your spouse whether there was any fresh injury related to section 377.
So.. chances of Quashing in this particular section is nil until and unless chargesheet is filed.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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