Dealy in Chargesheet
Vishwanath
(Querist) 15 July 2011
This query is : Resolved
Sir,
Can an FIR be quashed by the Hon'ble High Court in a case where it's been 15 months since the FIR and chargesheet not having been filed. Kindly advise
Regards,
Vishwanath
Advocate. Arunagiri
(Expert) 15 July 2011
Delay in filing a charge sheet is not a ground for quashing the FIR.
Ravikant Soni
(Expert) 15 July 2011
This delay does not prejudis an accused so can not be groud for quashing.
Rajarshi Bhowmik
(Expert) 16 July 2011
Dear it is in Crpc u/s 167 that police/ investigating agency needs to file charge sheet in an offense with in 2 years from the date of registration of the case in which the punishment is prescribed less than 10 years and with in 3 years where the punishment prescribed above 10 years. How ever sum other certain provisions empowers the govt to file charge sheet after the prescribed time limit also. So I consider you can"t file a quashing petition with an anticipation of fruitful result at this stage
Vishwanath
(Querist) 17 July 2011
Thank you all so much
Vishwanath
(Querist) 15 June 2012
Dear all,
It's more than two years and chargesheet not filed.Kindly advise on what next to do
Regards,
Vishwanath