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manish agrawal   20 November 2015

Need information about future course of case

Hello Experts,

In May 2015, we have filed an FIR against our maid for the theft activities. She was caught red handed with gold jwellery, somewhere around 15 th may 2015.

After registering the case, we pursued for getting release orders and in June we got our release orders. along with certain conditions mentioned in the release order.

Now, the case is showing as "Disposed; put up after final report"

I was told by Police that they will be filling the Chargesheet within 3 months but yet they haven't taken any action.

 

Now, I am bit confused about what is going to happen next:

1. As per information on internet, if a case is disposed then there is no further activity that is going to happen on the case.. Sort of closed. In that case, the terms and conditions mentioned on Release order still hold good? or Are we free from those restrictions.

 

2. Is there any further Chargesheet which Police is supposed to submit? If yes, does the timeline of 6 months from the date of being caught hold good? 

 

3. Based on the final report, will there be any further hearing or any further final orders apart from the previous release orders?

 

Kindly advice

 

Regards

Manish Agrawal



Learning

 6 Replies

Nitish Banka (lawyer)     20 November 2015

Dear Manish,

I may be a baill application be disposed off, if chargesheet is not filed then no case is registered in court and there is no time limit on chargesheet.

Thanks & Regards,

Nitish Banka

9891549997

manish agrawal   20 November 2015

Hello Nitish, Thanks for a prompt response.. Yeah, a bail was issued to the concerned person. Again, as the chargesheet is not filed yet, then is it possible that I can drop the charges and quash the FIR? Regards Manish Agrawal

Anand Bali Adv. (Advocate Solicitor & Consultant)     20 November 2015

Dear Friend,

The Quashing of FIR only can be held from High Court. Withdrawing your case dont matter as your complaint has been converted to FIR against the culprit.Now you have to move a quash petition in the High Court to quash the criminal proceedings against the charges. There are various kinds of theft described in the IPC; where though, simple theft is compoundable offence however Theft in a dwelling house U /Sec 380 is Non-Compoundable but Under Sec 381 Theft by clerk or servant of the property in possession of master is a Compoundable offence by the owner of the property stolen, with the permission of the court. 

manish agrawal   20 November 2015

Hello Anand, Thanks for taking time to help me.. My case is registered under 381, so I beleive I can request for a compromise to government. Again, one last question, can I put up my request anytime or have to wait till Chargesheet Or need to get a date first then can do that. Also, does it take long to get it compromised or is it a instant process fpr getting final decision from court A big Thanks to all the experts for helping us out here with your valuable knowledge :) Regards Manish Agrawal

manish agrawal   20 November 2015

Hello Anand, Thanks for taking time to help me.. My case is registered under 381, so I beleive I can request for a compromise to government. Again, one last question, can I put up my request anytime or have to wait till Chargesheet Or need to get a date first then can do that. Also, does it take long to get it compromised or is it a instant process fpr getting final decision from court A big Thanks to all the experts for helping us out here with your valuable knowledge :) Regards Manish Agrawal

manish agrawal   24 November 2015

Hello Nitish, This is the case status as per website: Case Status : CASE DISPOSED Nature of Disposal: Contested--PUT UP AFTER FINAL REPORT This means case is closed, right? Regards Manish

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