Time limit for filling chargesheet
SANDEEP KAUSHIK
(Querist) 02 December 2014
This query is : Resolved
Hi...
My Brother was caught by police around 1 year ago and an FIR is lodged against him U/s 420 of CPC Act. Now Case is before the District Magistrate in District Court since last 1 Year, But till now Challan /Charge sheet is not filled by Police Department. I have Doubt that department is voluntarily delaying the case by not filling the Charge sheet. My lawyer is also not doing anything in this regard; he is just waiting for Charge sheet. So I want to know;
1) Whether there is any time limit under the act for filling charge sheet by investigating police officers in abovementioned case?
If yes, then plz tell me with reference to section under which this is.
2) Whether this is a (case u/s 420 of CPC) CRIMINAL OFFENCE or CIVIL OFFENCE?
3) What will be minimum and maximum imprisonment in that case?
Thanking you in Advance.
Waiting for your Reply
Sailesh Kumar Shah
(Expert) 02 December 2014
firstly, there is no " U/s 420 of CPC Act".
secondly, there is no question about case before 'District Magistrate'.
It seems that you have not communicated right information.
Sailesh Kumar Shah
(Expert) 02 December 2014
Point wise answer of your query:-
1.If the accused is under custody, period is 90 days, other wise there is no limit.
2. it would be 420 ipc and it is criminal offence.
3.shall be punished with imprisonment of either description for a term which may extend to seven years and shall also be liable to fine.
it is advisable to collect right details of the case.
Rajendra K Goyal
(Expert) 02 December 2014
1. Police takes time in filing charge sheet. If the accused is under custody, period is 90 days for filing the charge sheet.
2. It is criminal offense.
3. Section 420 IPC read as under:
420. Cheating and dishonestly inducing delivery of property.--
Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable
security, shall be punished with imprisonment of either description
for a term which may extend to seven years, and shall also be liable to fine.
SANDEEP KAUSHIK
(Querist) 02 December 2014
Sorry it was IPC rather than CPC and Thank you Mr. Shailesh Kr. Shah you have understand my feelings, in spite of i have mentioned CPC thsn IPC.
One more thing, Accused is on Bail i.e. not in the custody of police then Is there any way to legally enforce to police deptt. to submitt Chargesheet as early as, bcz i want the result of the case as soon as possible.
R.K Nanda
(Expert) 02 December 2014
no more to add.
Kiran Kumar
(Expert) 02 December 2014
You cannot force police to file Chargesheet/Challan.
there are various judgments wherein it has been held that the investigating agency cannot be compelled to file charge sheet. though it does not mean that the police is to halt the investigation permanently.
Advocate. Arunagiri
(Expert) 02 December 2014
If the investigation is pending you can not demand the police to file the charge sheet / final report.
At the same time if the police declare that they have completed their investigation, they have to file the charge sheet / final report.
Guest
(Expert) 02 December 2014
Director Mr.Arunagiri had Well Advised
