TR Madhavan
(Querist) 18 December 2011
This query is : Resolved
A private criminal complaint was filed in June 2010, FIR registered and named accused obtained anticipatory bail. Its more than a year and half matter is still under investigation and collection of evidences. Charge sheet not filed.
1. Police is at liberty to file charge sheet at anytime during limitation period. What is the limitation period as per law?
2. Filing progress report before the concerned court for further investigation means?
3. Investigating officer is not bound to record statement of accused and collect evidence. Still asked for evidences and written statement was given. But, ignored the same.
4. At this stage should the accused wait till he receive the summons or go for quashing proceedings?
2. giving the investigation status, before the court where the final report is going to be filed. This will be done at specific direction from the court.
3. I/O can record the statements of the Accused.
4. This is not a ground for quashing.
Raj Kumar Makkad
(Expert) 18 December 2011
1. There is no limitation for filing charge-sheet but it depends upon the hurdles of investigation. Once the investigation completes, IO is required to file his final report before the trial magistrate through APP.
2. If on the insistence of accused or complainant, court directs the concerned IO to produce the progress of his investigation as on date then the report submitted by IO is called Progress Report.
3. No comment as no question put.
4. As nothing on file of the court so the accused shall get nothing if he goes for quashing.
prashant pundhir
(Expert) 19 December 2011
1.Limitation period only gives relief to the accused who are in jail and not got the bail . 2.As per mr.Makkad . 3.He is entertaining his powers . 4.Accused may pray for the same u/s 482cr.p.c. if the fir is baseless .
Devajyoti Barman
(Expert) 19 December 2011
1. There is no limitation. 2. Generally it is done when the Magistrate instructs the IO to do that. 3. Yes the IO is bound to record the statements of the witnesses u/s 1611 crpc, 4. Since it is submitted you can obtain a certified copy and go for quashing.
Guest
(Expert) 19 December 2011
Views of experts are valuable.
prabhakar singh
(Expert) 19 December 2011
experts are valuable
Shonee Kapoor
(Expert) 20 December 2011
Nothing more to add, agree with experts.
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