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what is the time to limit to file charge sheet ?
03-Jul-2023 (In Criminal Law)
I AM FACING Ipc 323,384,506 From about 3&half month. I want to know the time of file charsheet by police?is there any time bound for framing file the charsheet by the police? If so what is the max time taken by police ?
Sir, there is no limitation as such for submission of charge sheet by the police. However, if the police does not submit chargesheet within two years, you can go for quashing. However, there is way out for avoiding chargesheet which I cannot write here in details. You may contact us for further details
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Adv. Abhishek Dutt
Kolkata | 100+ Answers
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What happens if FIR is delayed?
The law is only set in motion. If there is a delay in filing an FIR there could be a miscarriage as the investigation may not begin immediately. This may allow the offender to destroy evidence, or escape.
How long can FIR last?
The FIR remains in effect until the court has quashed it or the case is closed. The FIR has nothing to with the arrest of an accused. The police administration is responsible for the arrest of an accused person and follows the instructions issued by the courts.
What is the time limit for FIR in India?
The FIR can be filed at any time. It should be filed as soon as possible. Unjustified delays in filing FIR have been deemed fatal for prosecution cases by the Supreme Court and High Courts.
What is FIR timing?
The FIR may be filed at the police station in the area where the crime occurred. Although there is no deadline for filing an FIR, its important to do so promptly. 15-Jul-2020
Charge Sheet is filed when investigation is over. If you feel the police in unnecessarily dragging the time and not filing the charge sheet in time then you can approach the same Magistrate before whom you made a private complaint. or file two RTIs.
One in Police Department to ask about the max. time in which such cases should be closed and charge sheet filed. Also ask why is the I/O not filing the charge sheet or what is the hurdle.
Second in the court asking the procedure to be followed by the police officer if there is a delay beyond the statutary limit in filing the charge sheet. Also ask what has the I/O done after the time exceeded.There is a statutary provision in CrPC that is the I/O is delaying the charge sheet, then after the prescribed time he has to make a diary entry at his police station mentioning what he did on every day for that case. Also he has to make a report and submit before the magistrate regarding the progress of the case.
One in Police Department to ask about the max. time in which such cases should be closed and charge sheet filed. Also ask why is the I/O not filing the charge sheet or what is the hurdle.
Second in the court asking the procedure to be followed by the police officer if there is a delay beyond the statutary limit in filing the charge sheet. Also ask what has the I/O done after the time exceeded.There is a statutary provision in CrPC that is the I/O is delaying the charge sheet, then after the prescribed time he has to make a diary entry at his police station mentioning what he did on every day for that case. Also he has to make a report and submit before the magistrate regarding the progress of the case.
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Adv. Aveek Bose
Kolkata | 500+ Answers
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Hi. Did you get anticipatory bail from Dist. & Sessions Judges or Bail from Chief Judicial Magistrate after arrest? After got the Anticipatory bail or bail the trial process will start. In the course of evidence the I/o will file CS. If you hire a Lawyer in ur Court thenot your lawyer will contact with I/o for the matter you want relief for.
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Adv. Krishnendu Ghosh
Howrah | 25+ Answers
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