Delay in chargesheet 307 case. how to fight?
Rajaramana RV
(Querist) 20 May 2013
This query is : Resolved
I have been wrongly incriminated in a legal case under section 307. I wanted to understand the following things:
How long does a normal court case run in section 307 before result.
I have been out on bail and its been 5 months since the case has been registered but no chargesheet has been filed. Does this mean by case has become weak?
How should I go about fighting the case since the person is not a known person and this has happened as the person has instigated me and we had fight in which he hurt himself.
Thank you for your time. All answers and perspectives are welcome.
Nadeem Qureshi
(Expert) 20 May 2013
Dear Mr. Joshi
How long does a normal court case run in section 307 before result.
Opinion: There is no time limit.
I have been out on bail and its been 5 months since the case has been registered but no chargesheet has been filed. Does this mean by case has become weak?
Opinion: no, there is no time limit to file a Chargesheet by police
How should I go about fighting the case since the person is not a known person and this has happened as the person has instigated me and we had fight in which he hurt himself.
Opinion: state full facts for best advise
Raj Kumar Makkad
(Expert) 20 May 2013
The case do not become weak merely on the ground that the charge-sheet has been filed belatedly. IO shall file it after completion of investigation. You need not worry much about the merits of the case at this stage because the prosecution has to prove its case beyond reasonable doubts, If you feel having lodged false case, let your lawyer to prove it during the trial.
Raj Kumar Makkad
(Expert) 20 May 2013
If IO comes to the conclusion during the investigation that the case/complaint is false then the report for discharge is submitted before the concerned court and if it happens in your case, you shall not have to face trial and shall become discharged.
R.K Nanda
(Expert) 20 May 2013
no more to add.
