time limit to file charge sheet
santhosh
(Querist) 06 November 2017
This query is : Resolved
Sir two years before I was wrongly arrested by the police under the section of153a,145,188 three years completed till not file charge sheet in court what can I do, I also applied for passport but police give ths report to passport office while police verification. How do I get passport please give any ideas..I want passport for my higher studies please help me? What is the time limitation for sec 153a to file charge sheet
Vijay Raj Mahajan
(Expert) 06 November 2017
If the FIR registered against you, the charge sheet should by now be presented to the magistrate. Check the status with the court of the concerned magistrate about this FIR, sometimes the police officer send the report to court and the magistrate after considering the report pass order for closure of the complaint. In such case you are free to get passport on the basis of the order of closure of the FIR case.
If there is no closure order in your FIR, you should move the High Court for quashing of the FIR on the ground of non-prosecution and delay in filling the Charge sheet.
Rajendra K Goyal
(Expert) 06 November 2017
Proceed as advised by ther expert Vijay Raj Mahajan.
Kiran Kumar
(Expert) 07 November 2017
there is no time limit for such purpose. but in your case it seems that there is an intentional delay on the part of police. better approach HC for quashing of FIR. keeping in view the facts and circumstances the court may not quash the FIR but may direct the police and court to conclude the matter within a fixed frame of time. since the actual file is not here so the precise advise can not be given. seek help of your local lawyer for effective action.
Ms.Usha Kapoor
(Expert) 07 November 2017
Since there is inordinate is delay in filing charge sheet of nearly 3 years you can file either a writ of Certiorari or Section 482 Cr.P.C to quash the FIR. as delay defeats equity.Those who seek equity must do equity or come with cle.anhands. So police people are not doing equity to youl. Hence FIR should get quashedin HIghcourt.Both for Writ and Section 482 proceedingss you need to approschthe High court joiningthe police on the opposite side
