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CA VISHNU GAVKARE (Professor)     17 November 2010

filing of charge sheet

The FIR has been registered by police in december last year....

accused has been released on bail...

police yet have not presented the charge sheet in court...

should he go & meet police??

is it accused's duty to see tht charge sheet is filed or not??

if he dont go can court punish  him???



Learning

 11 Replies

Hiren Raval (Advocate)     17 November 2010

No, it is duty of police department to file chargesheet within 90 days from date of FIR and after the inquiry is over. It is duty of police officer to inform you about chargesheet is framed submitted before the concerned court. Your bail must be conditional - and one of condition may be there you will be to report periodically to police authority or nearest police station. After information of next appearance in court is informed by police authority if you do not attend court your bail can be rejected and you can be put to a judicial custody whatever court may order. Once person is accused of any offence he has got all limited rights, he cannot be granted passport of foreign trip depending upon offence.


(Guest)

The accused has no duty to meet the police officer for filing charge sheet.

If the accused not pressured the police officials  if there are some lapse of time for certain offences the accusd will get discharged if the police belatedly files charge sheet.

The court will not punish the accused for not meeting the police.  Unless the court directs to do so.

JT Rajasuriya, Chennai (Advocate 98410 53790)     17 November 2010

Kindly engage an advocate for these purposes. Your absence at cout hearings may be condoned (not at all times)by filing petitions.

PARTHA P BORBORA (advocate)     18 November 2010

police will submit the charge sheet agaist the accused if he find adequate evidence agaist them after coplition of the investigation. if he finds nothing agaist the accused he will submit the final report.

But in case of submission of a final report Court will inform you befor accepting the same. you may ask the i/0 of the case about the result of investigation.

CA VISHNU GAVKARE (Professor)     18 November 2010

Thank you very much for all valuable information.

further to be asked is that 90 days have passed its almost a year they have not yet presented the chargesheet.nor he has received any notice of such presentation.

what should be done now?should accused go n meet the police? can they file charge sheet so late? there is no binding on them to present it within time?is there any claim we can do if they delay it? what should be done now?

further is mandatory to engaged an advocate in hearing? can accused go n present himself in court without advocate?

CA VISHNU GAVKARE (Professor)     18 November 2010

n further information  is that it dnt look so that in bail anything of producing himself in police station was mentioned otherwise police would have come in his search.

case is u/s. 379.

in how many days it should be closed if there is no recovery of property from accused?

or they can cont. their investigation till the time they want?


(Guest)

kindly contact you local lawyer for further details.  They will help to come out from the situation

Dineshwar Singh Kaushik (Advocate)     19 November 2010

I am seeing two problems raised by you one is dated 17th & another is dated 18th.

Your first question is that there is delay in filing charge sheet by investigating agency & how charge sheet could be submitted ? Answer is very clear that when investigation will be completed the investigating agency will submit it no one is needed to approach the police for it. 

    Your second question is if a case is lodged u/s 379 of IPC then in how many days police will submit charge sheet or in absence of recovery the case will be closed then answer is that there is no time limit for submission of charge sheet &it is not necessary that in absence of recovery the case will be closed.

CA VISHNU GAVKARE (Professor)     20 November 2010

Thank you very much for all valuable information.

ishaq mohd (advocate)     24 November 2010

i agree with SH HIREN RAWAL

ishaq mohd (advocate)     24 November 2010

it is duty of investigation agency to file chargesheet but for your convience you may contact i.o. about the same. the oolice has to filr chargesheet in after completion of invesigation. befor the ellaka magistrate


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