Remedy if chargsheet not filed
minsal
(Querist) 27 November 2012
This query is : Resolved
Dear Expeerts,
police arrested some persons u/s. 467 & 420. one victim was not arrested and showed by the police as absconded. the said person filed an application for anticipatory bail before session court. the same was rejected by session court. he then moved before high court and high court considered his application and grant bail.
approx 7 to 8 months time has lapsed but no charge sheet filed.
what remedy available for this fellow.
is there any law i.e. law of limitation or other is applicable to this?
Thanks in advance.
Regards.
Devajyoti Barman
(Expert) 27 November 2012
To expedite the filing of CS one can apply to the Magistrate for necessary direction upon the Police.
Guest
(Expert) 28 November 2012
There is no limitation mentioned in the Cr.P.C for filing the charge sheet. If the IO hasn't filed the charge sheet you can file an application to the magistrate to direct him to file his report. A long delay in the filing of the chargesheet can even be a ground of filing a writ petition in the HC for issuing necessary directives to the IO.
Ashish Davessar
Advocate
Supreme Court of India
Punjab and Haryana High Court
Raj Kumar Makkad
(Expert) 28 November 2012
Though there is no time limit to file charge-sheet by prosecution agency but long delay in filing the challan definitely vitiates the right of the accused person to have speedy trial and decision so concerned court should be prayed to direct the IO to expedite the matter.
R.K Nanda
(Expert) 28 November 2012
no more to add.
Ashimta Lekhi Malhotra
(Expert) 28 November 2012
File an application in the trial court for directing the IO to file his final report.
