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Dwarak (Propreitor)     18 December 2010

Time Limit for Chage Sheet (498A)

Is there a time limi for filing Charge Sheet after FIR in a 498A situation ? If not what are the oprtions for the accused , who have obtained AB and have been complying with court condition but inconvenienced by the delay by Police . This is in the context of an false complaint being mischevoulsy entertained by Police.



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 10 Replies

Vibhor Verdhan (Lawyer)     18 December 2010

U have an option of Quashing of that false criminal complaint which can be done by approaching High Court under section 482 Cr.PC. For more details: vibhor_verdhan@yahoo.com

1 Like

Dwarak (Propreitor)     18 December 2010

Thank you.  Do I take it that there is no time limit for the police to file the charge sheet ?


(Guest)

there is three years time limit for filing charge sheet. from date of offence.

vivek kumar (advocate)     20 December 2010

Dear Sir it is three months not years to submit chargesheet in a criminal case, I think you have mistakenly typed


(Guest)

kindly refer the section 468 of Cr.P.C.  The limitation for cognizance is three years for the section 498 A of IPC

pooja (lawyer)     03 January 2011

dear sir,

i am pooja parekh practicing in delhi. its 3 months for submiting chrgesheet .

PRAKASH (CA)     15 January 2011

Dear Sir

Sec 268 speaks of only offences which is punishable with imprisonment upto 3 years for which cognizance is to be taken before three years from the date of occurrence.  However, for offences which are punishable with more than three years imprisonment, no time limit for cognizance of offence is prescribed.  But for charge sheet filing, relevant provisions are section 173 read with section 162 which is 3 months from the date of filing an FIR u/s 154, if the offence is punishable with death or imprisonment for life and in other cases it is 60 days from the date of FIR.

 

Hare Krishna

P Shenoy


(Guest)

KINDLY NOTE THAT THE FOR FILING  CHARGESHEET LILMIT IS 90 DAYS.KINDLY NOTE THAT IN CASE CHARGESHEET IS NOT FILED IN 90 DAYS AND IF ACCUSED IS IN JAIL AND HE APPLIES FOR BAIL,HE WILL BE GRANTED BAIL.PLEASE NOTE.GOOD LUCK.

Dwarak (Propreitor)     15 January 2011

We have a situation where the CF (Filing) number is dated 1st Nov. 2010 but till date the case has not been numbered. (I.e. CC number). It appears that court returned the charge sheet with some commentts and the police have not resubmitted after fulfilling .  Can this be considered "Filed" tecnically ? Till date we do not even know what the charges are as the court does not have copy of the Charge sheet.    In this case the four accused could obtain anticipatory bail after thawing an arrest attempt and the aim now is to end the matter as early as possible. At what stage does one file a quash petition, ?

Rohit (MGR)     23 March 2011

What would be time limit for filing chargesheet if the Anticipatory bail has been granted in case u/s 420, 468 rohitksrivastava@yahoo.com


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