Limitation period for charge sheet to file in the Court

Querist : Anonymous (Querist) 09 May 2011 This query is : Resolved
Sir,

Recently there was an attempt on my life by Sister's son and he was booked under Sec 307, 323 AND 506. The concerned Police Station I/O could not apprehend the accused and was absconding 45 days have elapsed still absconding. When I approached the Police Station they told me that they are searching for him. No investigation have been done since the compliant is given by my son my statement was not recorded in the FIR.

Sir, When the accused will be arrested. I am the victim and my statement is not recorded by Police Station.

Kindly advise me I will be grateful for your kind advise.

Thanking you,

M.S.N.

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Devajyoti Barman (Expert) 09 May 2011
If you can prima facie show lacuna in the on going investigation, then appropriate application could be filed before the trial Magistrate by the de facto complainant for keeping watch or passing necessary direction to the IO for causing proper investigation.

M/s. Y-not legal services (Expert) 09 May 2011
If you know the accused's residence mean just guide the investigation officer to trace out the accused.. Then you are the victim, but your son is complainant.. So just wait.. Investigation officer will record your statement while 161 (3) of cr.p.c's statement..

PARTHA P BORBORA (Expert) 09 May 2011
.There is no such provision in the Cr.P.C under which a magistrate can direct the I/O of a crminal case during investigation. in fact the Cr.P.C prohibits any kind of interference in the course of investigation of a cognizable case under Section 156 (1)(2) (3) Cr.P.C. only a High court has that power.

Devajyoti Barman (Expert) 09 May 2011
Dear mR borbora Kindly update yourself before making any comment on anything.

If you really do not know whether the Magistrate can keep watch or make direction to IO during investigation then kindly let me know so that I could assist you you know the power of Magistrate in this respect.

PARTHA P BORBORA (Expert) 09 May 2011
under which Section or provision of Cr. P. C a magistrate can direct an I/O of a cognizable case during investigation????????????????????????????????????????????????????????????????????????????

Pl read Section 156 (1)(2) (3) Cr.P.C carefully and you will get your answer and pl react respectfully.

Raj Kumar Makkad (Expert) 10 May 2011
I do agree with experts.

Limitation period for charge sheet to file in the Court

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