Non-filing of chargesheet by the police.
Querist :
Anonymous
(Querist) 01 October 2011
This query is : Resolved
Dear Sirs / Madam:
We have been falsely alleged with Stridhan Possession. The other side (wife & her family) tried to get us arrested, but, we got AB as the wife had filed 498A, 406, DV Act, 2005 after a period of 8 months after separation & I had already filed divorce within 2 months of separation.
After AB, as per our knowledge, the Police should get the wife & do punchnama at our residence, but, her lawyer is purposefully not allowing her to go for punchnama, because he (wife's lawyer) knows that if the punchnama will have nothing to mention about Stridhan then the case might get weak. Till date since our AB in February (8 months) Police did not conduct Punchnama.
Is there any way wherein we can ask police to File Chargesheet? Can we use RTI in this regards & question about the status of our case?
What if, the chargesheet is filed by the Police & the court finds nothing objectionable in Chargesheet?
M.Sheik Mohammed Ali
(Expert) 01 October 2011
charge sheet filling take time, if you confident that she is falsely made complaint then quash the fir, you will win.
Chanchal Nag Chowdhury
(Expert) 01 October 2011
Check the court records as to why the police have not filed charge sheet within the statutory period of 90 days. If no good reasons are shown, go for quashing of the FIR.
Shonee Kapoor
(Expert) 01 October 2011
Police would take its own sweet time to file chargesheet.
I disagree with Ld. Chowdhury, as only when the accused is in custody chargesheet needs to be filed within 90 days.
You would get summons when chargesheet is filed.
Also, if court doesnot find any merits in chargesheet, you can be discharged.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
ajay sethi
(Expert) 01 October 2011
wait and watch . filing of charge sheet takes time as police have to investigate the case . as pointed out by experts if court dpes not find any primafacie case made against you , you will be discharged
Advocate. Arunagiri
(Expert) 01 October 2011
You can approach the High Court seeking direction to police to complete the investigation without delay.
prabhakar singh
(Expert) 01 October 2011
i agree with Expert : Advocate. Arunagiri
Sailesh Kumar Shah
(Expert) 03 October 2011
Writ under article 227 can be filed for speedy investigation.
Advocate. Arunagiri
(Expert) 03 October 2011
Writ under article 227 can not be filed against police.
