Can advocate or magistrate force or compel police to file chargesheet
sajed
(Querist) 25 November 2011
This query is : Resolved
i am counsel for lady who was arrested under section 498 (A) OF IPC as sister of accused no 1. She was realeased on bail. The problem is police is not filling chargesheet since last 2 years by showing other accused absconding. infact brother of my client amicable settle matter with his wife i.e complianant and he is residing with her. complaint is not ready to compormise or withdrwal case agianst my client . police also not filling chargesheet ? can i move any petition before Metropolitan Magistarate praying to order to police to file charegsheet .
Is it any other remedy avialbale except gpoing to High court and filling QUASH pettion under 482 of crpc. soluation is required for this matter
M.Sheik Mohammed Ali
(Expert) 25 November 2011
you may file a petition both parties will ready to amicable settlement and same time withdrawn the case, so kindly dismiss the case. you ask.
Devajyoti Barman
(Expert) 25 November 2011
The Magistrate can very much pass such direction upon the Police.
However still the procedure for compromise is time consuming in lower court.
So better go for mutual quashing.
Shonee Kapoor
(Expert) 25 November 2011
Rightly advised.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Advocate. Arunagiri
(Expert) 25 November 2011
You can move the High Court directing the police to complete the investigation within a stipulated time.
Raj Kumar Makkad
(Expert) 26 November 2011
There is no need to go to high court for this petty matter. You should move an application to the trial magistrate to direct police to file charge-sheet within a stipulated period and police shall have to follow it as per verdict of Apex Court pronounced recently in past.
Sailesh Kumar Shah
(Expert) 27 November 2011
So,you have option to exercise any of one action as suggested.
