Kiran Kumar (Employee) 27 April 2010

ChargeSheet delayed

Hello dear Advocates,

We have been falsly implicated in 498a and 3&4 of DP act during last year and we could able to get stay of Arrest from High Court, AP. Its been 9 months since the FIR is lodged and we havent seen police filing ChargeSheet. Is this a common procedure by police not to chargesheet when stay is effect? What are the merits and demerits of dalying a chargesheet? Please note that we have stay arrest from High court but in the same judgement, judge has clearly mentioned that the rest of investigation procedures can be continued.

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Arvind Singh Chauhan (advocate) 27 April 2010

Yes stay of arrest dosen't stays investigation. Police may file charge sheet within the limitaion period mentioned in Sec 468 Cr.P.C.. If police can not file charge sheet within this period, court can not take cognizance of the offence. After consulatation with your learned lawyer if you have strong grounds you may approach to High court under Sec 482 Cr.P.C. for quashing of FIR/ Proceeding.

Kiran Kumar (Employee) 27 April 2010

Thanks Arvind,

Infact we have already gone for quashing of FIR(next day of FIR) in which we have this interim stay of arrest orders. So, do you think the delay in Charge sheet is going to help us in quashing the FIR in high court?

On the whole, is it a good stratergy to approach higher police officers like SP to request for Charge Sheet AS we know the other party and local police joined hands to harass us.

Raj Kumar Makkad (Adv P & H High Court Chandigarh) 27 April 2010

It is better to approach the higher police officers during this period and try to get the names of some persons out of perview of the case so that it may ultimately benefit you to get the stay order from High Court in 482 proceedings.

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