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No charge sheet no progress but still charged by police in case


27-Sep-2023 (In Cyber Crime Law)
A girl filed FIR against me on 30/01/17 of creating fake account on social media site without having any evidence against me.Today it is 27/09/17 bt no CS filed by police and no progess in the case bt they r saying investigation is on.Do i have to wait till the CS is filed or I can quash the FIR in court because I was forcefully pushed into this matter.I have not created her fke accnt and i have never talked with her.She was my clasmate in clg and tuition.Accdring to fir she had made me accused as some of her frnds told her I(myself) have created her fake accnt which is false.She had not mentioned name of her frnds in fir.She also spread this matter in newspaper and social media news before any conviction and my name is totally defamed.Can i file defamation case against her after quashing FIR in court?Or court will not file FIR before CS?Bt it had already 8 months past since FIR is filed which is enough to quash FIR.And can police file CS even after one yr after in cyber crime cases?
Answers (2)

Answer #1
525 votes
You can challenge the Fir in high court undersection 482 of CrPC. You can file before filing of chargesheet. Once the chargesheet is filed you have to file discharge application before Sessions Court. Then it will be difficult for you to challenge the Fir directly before High Court. Its better to challenge now. Police can file chargesheet after one year also. Police have ample power under section 173 of CrPC. Meet a good lawyer and take advice and move forward. If a lawyer suggest to wait for filing of chargesheet then its better to move dischage application before Sessions Court after filing of chargesheet.
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Answer #2
646 votes
Yes u the liberty to follow the case filed against you or the second option is quash the FIR itself, The proceedings for quashing of FIR can be commenced u/s 482 CrPC before the Hon'ble High Court only. After going through the information provided by u it would be wise to file for quashing of FIR before the High Court.
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