Charge sheet filed after 7 years of fir
Ramesh
(Querist) 08 April 2012
This query is : Resolved
Dear Sirs,
An FIR was filed in 2004 on counts of IPC 120b,406,409,420,463,465,469,471,477A,114 and CRPC 1,12,13(1), 13(2). The alleged accused is on bail.
Now it is apparently heard that the alleged accused is likely to be served with a summon to appear in the concerned court wherein the FIR has been filed to receive a charge sheet as alleged in the FIR.
There are two pertinent questions in this context as a layman
I>Delay:
a>Can this delay of 8 years between the filing of FIR and Challan/Charge sheet which is likely to be served is legal?
b>Are there any Hon Supreme Court guidance/citation/ruling/order/reference related to "undue delay between Filing of FIR and charge sheet"?
c>Can such an FIR be quashed on the above ground that the prosecution side for reasons unknown have delayed filing of charge sheet/challan against the alleged accused?
Under the above circumstances can the appellate court intervene and set aside such FIRs
II Language barrier
a> Since the accused in the case cannot read/write the local language but can understand spoken language to some extent, can the alleged accused demand and FIR and all proceedings to the court investigation, proceeding etc be given in the language he is competent to read/write/speak and seek appropriate order or direction with the trial court
III Passport
a>Since the alleged accused with noble intentions has surrendered his passport in 2004 during the grant of bail, can the alleged accused who is at his prime of his age and career to seek employment and better economic status request direction of return of the passport on condition which the court may deem fit.
IV Alleged accused not present in the location given at the time of bail
a> The parents of the accused who had given surety at the time of the grant of bail have re-located to another place within the country along with the alleged accused and have not intimated.
It appears now that the prosecution agency have gone to the last address on record and have inquired with neighbors to find the location of the alleged accused. The neighbors have given a reply to the Agency that they do not have the correct knowledge of the location of the alleged accused. Can the alleged accused intimate the trial court now his new status of location and the procedure for receiving summons's?
Shonee Kapoor
(Expert) 09 April 2012
You could have gone for quashing of the FIR on this ground alone.
Now also, you can go for quashing, if sufficient grounds are made out.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Ramesh
(Querist) 10 April 2012
Thank You Sir,
Can you provide me guidance regarding point II, III and IV please
Thanks and Regards
Ramesh
Shonee Kapoor
(Expert) 11 April 2012
II) You can ask for translated copies, which can be provided by paying appropriate cost.
III) You can ask for release of passport, such request would be considered.
IV)Yes, if you know the date of case, you should represent yourself lest NBW is issued against you.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Ramesh
(Querist) 13 April 2012
Thank You Sir
prabhakar singh
(Expert) 13 April 2012
अरे à¤à¤¾à¤ˆ सब ठीक हा जब तोहार काम बन गईल
