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aatma   05 July 2009

Police Report Delay

Police is delaying to file  investigation report to the magistrate for 14 months in 498a case. How to push the police to file the report to the court.  Innocents can releive as soon as possible from the false case.

Since the police is bribed well by the false complainant,  innocent aged mother, and sisters affraid to approach the police to ask for the report. 

 



Learning

 6 Replies

Adv. Deepak (Advocate)     05 July 2009

Dear Mr. Aatma,  You may file an application before the Magistrate Court praying for discharge of the accused, since for last 14 months, police could not file any report.  The prosecution has not made out any case and hence, you are liable to be discharged from the offence.

PARTHA P BORBORA (advocate)     05 July 2009

as the penal provision for 498A IPC is max three year u must face the trial as soon as the chargesheet is submitted agaist u. Section 498 A IPC does not come under the relaxation provided by of Sec- 468C r.P.C. even if there is a long delay.

Dharmesh Manjeshwar (Advocate/Lawyer)     09 July 2009

you can either do what Adv. Deepak has advised or you could make an application to the court to issue a show cause notice to the Sr. Inspector of the concerned police station as to why report is not being filed.

moon (Finance officer)     11 July 2009

under what provision Court will issue a show cause notice? no court has the power tio interfare with the investigation in any case as per Cr.P.C. I agree with Parthaprotim

moon (Finance officer)     11 July 2009

moreover it is the police who conducted investigation and if investigation is not completed within 60 or 90 dfays, police shuld not file the chargee sheet and if the investigation has not been completerd no sn police officer has the power to show cause the I/O of the on the sole ground that chargee sheet has not been submitted.

PARTHA P BORBORA (advocate)     11 July 2009

thanks.


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