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Is chargesheet delay beneficial for accused
23-Nov-2023 (In Family Law)
Respected seniors,
My wife filled a false case u/s 498a, 504, 506, dp 3,4 and IT act 66 in January 2019. After investigation, the Mahila Thana issued Final report, however later she got re-investigation ordered. In the meantime I filled permanent injuction suit on the property I brought on joint name with her, that she falsely mentioned in her FIR as given by her father in dowry. The re-investigating officer was aware of the fact and pressurized me to settle by taking my cases back and going for MCD, however I insisted on apology letter from in-laws for filling false case, after which he went ahead with chargesheet on my name, removing other names from my family on 2 August 2019. The chargesheet has still not been filled in the court.
1. Is this delay beneficial for me?
2. Is there a possibility that the complainant would have given a restatement to close the case?
3. Is there a possibility for me to approach the High Court to get the FIR quashed, stating the delay in chargesheet?
dear client after the final report was it in your favor then you can file a objection if the reinvestigation is not in your favor in general it will be in your favor if nothing was found earlier secondly do give the statement of account in your injunction matter and how you have given the payment you can file a anticipatory or a regular bail in high court but if the things are going well no need for further details do contact us.
Helpful?
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Adv. Rahul Rathi
Allahabad | 700+ Answers
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First delay will not benefit you because it was re investigated. The chargesheet must be in office of Superintendent of police office hence it would have not come to court. Let the chargesheet come then take out the full copy and see what investigation IO has done then when court summons you then you can go to High Court against summoning order and chargesheet quashing.
Helpful?
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Yes, as per your submission it is v much clear that police personals and opposite party’s are playing some game . You should file a writ petition with annexing all documentation which are you having from beginning to end fir FIR quashing . Then you can get some conclusions either charge sheet is there or finl report. For more suggestions you can contact me up.
Thnx
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Adv. Bharat Dixit
Lucknow | 25+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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