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Mahadev   30 November 2015

Sec498a_periodoflimitation

Respected lawyers/members,

                                              In my case Sec.498A and Sec.4 DP Act complaint filed 1 year back with me and parents obtaining AB . Till date police has not filed chargesheet . I wanted to know how long they will delay . In my case whether Period of Limitation of 3 yrs will apply as Sec.498A punishment is 3 years if proven guilty . Moreover if police files chargesheet after 3 years of complaint date will court take cognizance of case or will simply reject it.Please help me .



Learning

 4 Replies

saravanan s (legal advisor)     30 November 2015

If the charge sheet is not filed within ninety days you are eligible for bail.other than that there is no limitation time and all.citing the delay you can apply for quashing of for in high court

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     01 December 2015

There are a lot of judgements which also state that 498-a is a continuing offence and hence no period of limitation . But the converse has also been held by a lot of judgements as well . Anyway the court always has the power to condone the delay and take cognizance of the delay is well explained . File a n appropriate application and seek status of the pending investigation.

SAINATH DEVALLA (LEGAL CONSULTANT)     01 December 2015

I think there is no limtation for filing charge sheet. Accused may get bail if charge sheet is not filed within 60 or 90 days but no one can force the IO to file charge sheet.He can do so after 180 days or 360 days with a plea of garnering further evidence in investigatiion.

Mahadev   01 December 2015

Thanks so much respected lawyers .  I can understand from your points that there is no time limit for filing chargesheet but i thought Period of Limitation would apply as the punishment if convicted is for 3 years and hence Police has to mandatorily file chargesheet atleast within 3 years from complaint date else Courts would not entertain the case even though wife's side along with Police will always file unnecessary reasons for delay in chargesheet submission.

Moreover the problem is the Police is under the influence of my wife and her relatives . So no chance of me approaching them directly as it's their local area. Hence the only option left is Highcourt i.e to either apply for quash or force IO to submit chargesheet.

Does Highcourt allow Quash in view of delay in filing of chargesheet . 


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