Querist :
Anonymous
(Querist) 01 July 2010
This query is : Resolved
Do we have any time limit in a criminal case for 498a.
1) If the case is not chargesheet'ed from PS to court. Does this case expires automatically after certain time say 3 months or do we have any judgement or law for this duration?
2) In another situation what happens to the person on whom the case was registered and is pending. Does Police have any provisons in law to take action at later point of time say after few years? Does it implicates his job,travel abroad etc
Uma parameswaran
(Expert) 01 July 2010
1. The time limit for filing the charge Sheet shall depends upon the completion of the investigation. 2.After filing the Charge sheet police have no right to take any action and all the further proceedings are depends upon the Court Order.
S. Bharath
(Expert) 07 July 2010
1. There is no time limit for the Police to present the final report [charge sheet]in an offence under Section 498-A of IPC [Ref: Section 468 [2] [c] of CrPC];
2. In a case pending investigation and if the accused person is already not on bail, the Police can arrest at any stage during investigation. In some cases, the Police arrest and produce the accused persons along with the Final Report. Then the effect on job and foreign travel depends on many factors including the orders that may be passed by the court.
Case involving an offence under S. 498A is also not covered by Section 167 [5] of CrPC where a magistrate is generally empowered to order stoppage of investigation.
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