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How to deal with police delaying filing of charge sheet
03-Jun-2023 (In Criminal Law)
I had filed an FIR in March 2015 U/S 420,406. The JMFC had ordered police to investigate the case, however even after 27 months, police have not filed any report to the JMFC. The police have been bribed by the accused and will never file any report in the Court. What action can be taken against the police ? Can they be made co-accused for protecting/shielding he accused ?
U/s 167 (2) CrPC of CrPC the time limit is prescribed for filing the charge sheet
(i) Ninety-days, where the investigation relates to an offense punishable with death, imprisonment for life or imprisonment or imprisonment for a term of not less than ten years.
(ii) Sixty days, where the investigation relates to any other offense
Therefore in your case the time limit is SIXTY DAYS if there is only section 420 ( Being the imprisonment in this section is 7 years and fine).
(i) Ninety-days, where the investigation relates to an offense punishable with death, imprisonment for life or imprisonment or imprisonment for a term of not less than ten years.
(ii) Sixty days, where the investigation relates to any other offense
Therefore in your case the time limit is SIXTY DAYS if there is only section 420 ( Being the imprisonment in this section is 7 years and fine).
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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