Jitesh (Proprietor) 06 September 2009

Chargesheet Not Yet Filed

Hi All,

My name is Jitesh & currently I'm selfemployed person. In the past I was booked under section IPLC 34B,420 by mumbai police for a fraud case, where they mentioned that I have used someone else's Credit Card to book Airline Tickets. However, this is not true & after 4 days of Police Custody I was given Judicial Custoday & after 2 days of JC I was released on Bail.

It has been more than 2 years now, that I haven't received any summons from the court or from the police if they filed the chargesheet.

Someone kindly help me to know what I should do now. How should I know the status of this case. How long can police take to file the chargesheet, incase if they do not file it forever what should I do to get out of this case. Because of this case I have lost my dignity & I want to prove to the world that I'm innocent. Please some one help me. I do not belong to a well to do family, hence cannot afford to hire an advocate, hence have seeking clarification thorugh this site.

Regards,

Jitesh

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6 Replies

B.N.Rajamohamed (advocate / commissioner of oaths) 06 September 2009

Mr.Jitesh,

It is the regular procedure to file the chargesheet within 90 days . As you say that for 2 years you are kept on anticipation it is better you approach the high court for quashing the entire proceedings against you . For further clarifications you call me mobile number 9443106447.

1 Like

Prashant Kumar Jha (Practicing Lawyer) 06 September 2009

my lnd friend showed u the right path i m agree with his priceious advice, u must move to Hon'ble highcourt for quashing u/s 482 of the CrPc.

1 Like

PJANARDHANA REDDY (ADVOCATE & DIRECTOR) 07 September 2009

DEAR JITESH,

DONOT GET PANIC, IF U R INNOCENT U CAN GET THE DETAILS WITH CC NO OF THE CASE AT THE CONCERN COURT WITH ANY CRIMINAL LAWER, NO EVIDENCE OF CHARGESHEET OR NOTHING IS GIVEN BY STATION HOUSE OFFICER, HENCE U CAN REQUEST IN THE SAME COURT BY AN APPEAL TO LIST THE CASE AND ASK FOR QUASH U/R ,244,245,255 CrPC . THIS PROCESS IS LITTLE COST EFFECTIVE, BUT MOVING HC UNDER 482 OF CrPC is more effective and costly, HENCE PLAN UR LEGAL PROCESS...REGARDS..ponaka2008@gmail.com

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Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com) 07 September 2009

There is no time limit to file the chargesheet but you can only get the benifit of bail if within 90 dyas police did not file chargesheet.

But if you have ample proof that the card belongs to you for booking or of your relative then you can approach to the court for quahing under section 482 else lower court cannot quash any matter till the chargesheet is filed before the court.

Regards

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Jitesh (Proprietor) 08 September 2009

Hi All,

This service is just awesome, I'm touched with the number of replies I've received. Thanks a ton to everyone who have taken their precious time to reply me.

I may get in touch with one of you to seek help in future. Have a great day.

Cheers!

Jitesh

PARTHA P BORBORA (advocate) 08 September 2009

Police submitted charge sheet when there is sufficient incriminating material against any accused. If in the course of investigation it is found that there is no incriminating material against an accused who was previously arrested by police, police will submitted FINAL REPORT instead of charge sheet.

The easiest way to know the present situation of the case u may file an application seeking the certified copies of the case record. If police submitted finale report it means that there is no case against u.

1 Like