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No chargesheet filed after 2 years


21-Jun-2023 (In Criminal Law)
I have a situation where i have filed a FIR in 2020 and chargesheet is not yet filed. The accused is still protected by anticipatory bail. Now, in 2023, ni moved an application to the magistrate for expeditious investigation & filing of chargesheet, she called for a status report, but, averred that she can’t force the police officer to file the chargesheet. What should i do now, since i want the trial to commence.
Answers (4)

Answer #1
388 votes

If a chargesheet hasn't been filed even two years after the FIR, the accused has several legal remedies. They can approach the trial court to request directions to the police for completing the investigation. If that doesn't work, a complaint can be filed with the Superintendent of Police. In some cases, the accused may also move the High Court under Section 482 of the CrPC to quash the FIR or seek faster investigation. Importantly, if the accused was arrested and the chargesheet wasn't filed within the legal time limit (60 or 90 days, depending on the offense), they may be entitled to default bail under Section 167(2) of the CrPC.

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Advocate Chikirsha Mohanty

Adv. Chikirsha Mohanty

LawRatoDelhi | 200+ Answers
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Answer #2
782 votes
मजिस्ट्रेट द्वारा की जाने वाली जांच या विचारण के दौरान उसके समक्ष यह प्रकट किया जाता है कि उस अपराध के बारे में जो उसके द्वारा की जाने वाली जांच या विचारण का विषय है पुलिस द्वारा अन्वेषण हो रहा है, तब मजिस्ट्रेट ऐसी जांच या विचारण की कार्यवाहियों को रोक देगा और अन्वेषण करने वाले पुलिस अधिकारी से उस मामले की रिपोर्ट ..
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Advocate Tejendra Singh Kuntal

Adv. Tejendra Singh Kuntal

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Answer #3
712 votes
Under Section 173(2) of the CrPC, once the investigation is complete, the investigating officer shall submit a report to the Magistrate, who shall on consideration of the same, either direct further investigation or file chargesheet if he is satisfied that a prima facie case is made out. Therefore, in your case, if the investigating officer has not filed the chargesheet within the stipulated time under CrPC, you can file an application under Section 156(3) of CrPC before the Magistrate for directing the investigating officer to complete the investigation and file the chargesheet. If the Magistrate is satisfied then he may direct the concerned police officer to file the status report and may also issue necessary directions for carrying out the investigation. If the chargesheet has been filed and the accused has been granted anticipatory bail, you can approach the court for the cancellation of anticipatory bail under Section 439(2) of CrPC.
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Advocate Narendra Singh Jadon

Adv. Narendra Singh Jadon

LawRatoJaipur | 25+ Answers
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Answer #4
540 votes
hello sir according to your query you can file if we are investigation application in High court and according to your query you can challenge the magistrate application and you can file a 482 petition in High court for that v please contact me immediately
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Advocate Kunal Sharma

Adv. Kunal Sharma

LawRatoJaipur | 400+ Answers
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