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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.
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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Adv. Tejendra Singh Kuntal
Bharatpur | 25+ Answers
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What is the delay in reporting Pocso cases?
According to data from the Investigation Tracking System for Sexual Offences, there is a delay of at least 40% in the filing of chargesheets under Protection of Children from Sexual Offences Act (Pocso) Act of 2012. 11-Mar-2023
What is the timeline for filing chargesheets?
According to the proposed law, the chargesheets must be filed in 90 days. Any extension, up to 90 additional days, may only be granted by the court. The judge has 30 days after the conclusion of the arguments to render his decision. 12-Aug-2023
What is the 60 day chargesheet for Pocso?
In Section 35 of POCSO, the 60-day deadline for filing charges in POCSO is specified. This provision highlights the need for expedited investigations and trials, recognising the vulnerability of children victims and the importance to minimize trauma and delays in accessing justice.
What is maximum time for filing charge sheet?
The time limit for filing an Charge Sheet
In cases that are triable before lower courts, the charge sheet must be filed within 90 days of the date of the arrest of the accused. The accused can default bail if the charge sheet has not been filed in the time prescribed. 06-Aug-2023
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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Adv. Narendra Singh Jadon
Alwar | 25+ Answers
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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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Adv. Kunal Sharma
Jaipur | 400+ Answers
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according to your query you can file 482 petition in High Court for further investigation and change investigation further more query please contact me immediately definitely I will help you and I will suggest you what should you do according to your legal concern
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Adv. Kunal Sharma
Jaipur | 400+ Answers
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