No chargesheet filled after 3 years, what to do ?

759 votes

You should moved an application for status report against the Investigating Office before the magistrate , under your jurisdiction.
The magistrate will call the I.O. concerned and clear the reasons for delay in filing the charge sheet, as three years period is the maximum delay in filing the charge sheet.

Advocate Mohammed Shahzad LawRato

779 votes

I suppose your sister in law have filed this false case 354 B, 325 & 34 purposely to lay an upper hand on your family to take over the property. The anticipatory bail is granted till the filing of charge sheet but when charge sheet is filed, you need to go for regular bail.

At the same time kindly file a complaint under IPC 182 against the complainant for giving false statements to police to frame you & your family for greed of property.
Please try to find out the status of complaint from the IO/ investigation officer.

Advocate Vijay Sahni LawRato

178 votes

  What to Do If No Chargesheet is Filed After a Certain Period:

1. Understand the Legal Timeframe: In criminal cases, there is a legal timeframe within which the police must file a chargesheet after registering an FIR (First Information Report). The specific time limit can vary depending on the nature of the offense and the applicable laws. For example, in India, for non-bailable offenses, the chargesheet must typically be filed within 90 days from the date of arrest, while for bailable offenses, it may be a shorter period.
2. Consult an Attorney: If the police have not filed a chargesheet within the prescribed time limit, it's essential to consult with a criminal defense attorney. They can review your case, the relevant laws, and the circumstances surrounding the delay.
3. File a Petition: In some cases, you may need to file a petition or application in the appropriate court to bring attention to the delay in filing the chargesheet. This can prompt the court to take action and may lead to the initiation of proceedings against the delay.
4. Bail Application: If you are in custody and the chargesheet has not been filed within the stipulated time, you may be eligible to seek bail. Your attorney can file a bail application, highlighting the delay as a ground for seeking bail.
5. Seek a Discharge: Depending on the specifics of your case and the evidence available, your attorney may explore the possibility of seeking a discharge if the chargesheet has not been filed within the prescribed time limit. This means asking the court to drop the charges against you due to the delay.
6. Keep Records: Maintain thorough records of all communication and documents related to your case. This will be important in supporting your claims of delay and ensuring that you have the necessary evidence to present in court.

It's important to note that the legal procedures and time limits can vary based on the jurisdiction and the specific criminal offense. Therefore, consulting with a qualified criminal defense attorney who is familiar with the laws in your area is crucial to understanding your rights and options in your particular case.

Advocate Chikirsha Mohanty LawRato