Chargesheet in 498a case
vineet
(Querist) 29 June 2012
This query is : Resolved
A FIR was made against Mr. AA In june2011
in 498a,406 ,34 IPC. Mr.AA got anticipatory bail from High court of delhi and in order sheet it was clearly mentioned
that No Haraasment in case to dowry. Bail granted.
Mr.AA gave written application to DCP delhi police to cancel the FIR as case filed by wife is false and investigation done by I.O. is totally partial and one-sided. and moreover high court mentioned that no harassment in relation to dowry.
Now one year passed,after the FIR was made.
Question-
After lapse of one year i.e. 1st week ofjune2011 to june2012, Police can make the chargesheet or not.
Secondly can they consider the genuine cause
and cancel the said FIR.
Expert advocates opinion required.
Shonee Kapoor
(Expert) 29 June 2012
Yes, the police can still file CS.
The notings in bail proceedings has no bearing on the case.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Adv.R.P.Chugh
(Expert) 29 June 2012
1. The police can still file chargesheet.
2. State the observations made by the High Court in the very words used. Furthermore at that stage court has to see the matter only broadly and any opinion expressed at that stage does not bound down the police.
3. If there was actually a severe observation as to no case being made out of dowry - then you should proceed for quashing u/s 482 CrPC to the High Court.
Feel free to talk !
R.RAJENDRAN
(Expert) 30 June 2012
Keeping the FIR pending without any action indefinitely for no valid reason is abuse of law. You can take legal action to quash the FIR.
