ramanathan (Legal Advisor) 12 February 2010

ANY TIME LIMIT TO FILE A CHARGESHEET

Anti Corruption Police has arrested a person, and the person has comeout in Bail. A suspension order has been issued by the concern department. the person is waiting for the police to file the chargesheet in the court of Law. My question is

1. Is there any time limit set by the court to file the chargesheet.can the police take their own time to do so

what I assum is the police has to obtain the departmental permission to file the chargesheet

is their any time limit set to concern department to give clearence to police

what will happen if the department has not given permission or police is not filing a chargesheet

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5 Replies

Anil Agrawal (Retired) 12 February 2010

Thousands of cases are pending with governments where permission to prosecute government servants has not been given and they are pending for years. Who gives permission? Babus. And why should Babus give permission to prosecute themselves?

What happens?

hemant sharma (service) 12 February 2010

Dear Sir ,

1.There is no time limit for filing a chargesheet but it is prudent for prosecution to file it within a reasonable time. As per s19 of Prevention of Corruption Act,1988 Previous sanction of approproate Govt. is necessary for the court to take cognizence of the case for offences committed u/s 7,10,11,13 and 15 of Prevention of Corruption Act,1988.

2.There is no time limit for the Department too.

N.K.Assumi (Advocate) 12 February 2010

Period of limitation for filling charge sheet is only for the benefit of the accused under section 167 CrPc for releasing the accused if the police can not filed charge sheet within 60 or 90 days as the case maybe. Otherwise there is no limitation in such case of corruption. The problems is the lethargy and supine slackness of the Executive to play their role that is giving of sanction for prosecution.

Feroz M Shafeeque (Police Officer) 12 February 2010

If prosecution sanction is not obtained from the authority, case will not be charge sheeted.

kranthi (seif) 10 June 2010

There is no limit for filing charge sheet . but in cr.p.c it was that when c.s not filed in 90days the accused can be released on bail.but in cr.p.c no time limit prescribed.