If police not dilli g charges jeet within stipulated period

955 votes

If the police are not filing a chargesheet against the builder, the complainant need not remain helpless — under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the investigating officer is duty-bound to complete investigation and file a final report within 60 days for ordinary offences and 90 days for serious offences punishable with 10 years or more, life imprisonment or death. On delay or inaction, the complainant may first give a written representation to the Superintendent/Commissioner of Police referring to this statutory duty. If still no action is taken, the complainant can move the Magistrate under Section 175(2) BNSS (earlier 156(3) CrPC) seeking directions to the police to file the report. If police continue to remain inactive despite such directions, the complainant can directly approach the High Court under Article 226 of the Constitution or Section 528 BNSS (earlier 482 CrPC) for a writ petition/ petition for proper investigation or transfer to another agency. There is no fixed minimum “waiting period” before moving the High Court once the 60/90 day statutory period lapses and reminders/representations fail, the complainant can approach the High Court immediately. This stepwise route ensures pressure at each level while keeping the option of writ jurisdiction open.

Advocate Sanil Sarkar LawRato

647 votes

if the police is not filing the chargesheet against the builder there is a provision under which 90+ extra 30 days to file the initial chargesheet i.e., 120 days is given to police, and if you are not satisfied with the charge sheet you can file a protest petition before magistrate for changes in chargesheet or or an application for further investigation to investigate ahead

Advocate Moksh Jain LawRato

691 votes

Well, if the Police is not doing its duty by filing chargesheet and you think that they have been intentionally wasting time, then, you can file a case in High Court under the concerned provisions of law.

Advocate Pankaj Bajaj LawRato

920 votes

If police is not filing Chargesheet since a long time, then you have to approach the Magistrate Court under Section 156(3) of CrPC for requesting the Magistrate to direct the Police to conclude their investigation and file Chargesheet. However, it is suggested that you must try to meet the Investigating Officer and understand what all they have investigated and what else is remaining to be investigated. Then you will be in a better position to know in which direction the investigation is heading. If you feel the investigation is not properly being done by IO, then you can include that point as well in the Complaint before Magistrate under section 156(3). In case you require any further legal assistance you may contact me.

Advocate Shreyas Jain LawRato