What to do if police not filing charge sheet

964 votes

Dear client,
As per law, the Police has to file the chargesheet before the Court of concerned magistrate within 90 days of registration of the FIR. However, the delay in filling is normal as the investigating officer usually takes the plea of overburden of work and non availability of witnesses whose statements need to recorded before filing if the chargesheet. However, if there has occurred an extraordinary delay in filing, you can file a monitoring application before the Court asking the status of investigation.
For any further query, you can approach me through LawRato.
Thank you

Advocate Gaurav Sharma LawRato

846 votes

since you you have not mentioned the details of the case / offence only brief advise can be given. . AFTER THE fir IS LODGED , the police has 90 days to file the chargesheet, if it fails to file the charge sheet , you are entitled to bail. so if the 90 days are past hen approach your lawyer and get yourself a bail.

Advocate Pratik Duhan LawRato

889 votes

If the police is filing chargesheet withi. The time frame then you can file an application before court below for status report or u can file a petition before the high court for transfer or inverstigation.

Advocate Shashikant Gupta LawRato

788 votes

if the police is not filing charge sheet and the accused is on bail then there is no time limit for filing the same. If you are the complainant, then move an appropriate application before the concerned court fir directing the police to intimate the status of the investigation or also can approach higher police authorizes in this respect.

Advocate Devender Kumar Kataria LawRato

65 votes

If there is delay in filing the chargesheet by the police, you must know that the police have a duty to investigate and file chargesheets within 90 days of an F.I.R. being filed. If they are causing unnecessary delays, you can take legal action to ensure that your case is progressing. The remedy to the police not filing a charge sheet can be as mentioned below:
Investigator Inquiry: Please ask the investigating officer for the reason behind the delay. This might reveal missing information or roadblocks in the investigation.
Senior Officer Intervention: If unanswered, request a meeting with a senior officer at the police station. Explain the situation and seek an update on the investigation's progress.
Police Complaints Authority: If unsatisfied with senior officers' responses, a formal complaint can be filed with the Police Complaints Authority (PCA) in your state. The PCA is an independent body that investigates public grievances against police officials.
Magistrate Court Petition: You hold the legal right to file a petition under Section 156(3) of the CrPC with the Magistrate court. This petition compels the court to acknowledge the case and direct the police to file a chargesheet.
If you have more doubts you can visit : Free Criminal Advice from Top Lawyers in India | lawrato.com

Advocate Chikirsha Mohanty LawRato

293 votes

Limitation was illegal in law. No order has been issued to excuse the delay in the filing of the chargesheet or taking cognizance of it. Section 473 Cr.

Advocate Chikirsha Mohanty LawRato