FIR registered under 454,380,448,34 on 19/7/2016
accused was arrested on 7th august,2016 and BAIL WAS GRANTED ON 9th august,2016
1)IS there any limitations/restrictions of time period for I.O. for FORWARDING CHARGE SHEET
to the court?
2)if he says , not yet prepared,and investigating in the matter, THEN HOW LONG WE (VICTIMS)HAVE TO WAIT FOR THE pending case to COME FOR HEARING and justice.>?
3)what step we can take (apart from applying in the CONCERNED COURT, to get all the SUIT papers copies- I KNOW THAT)TO ISSIST INVESTIGATING OFFICER TO PROCEED IN THE CASE AND SUBMIT HIS CHARGE SHEET,AND ENABLE US TO KNOW THE COURT DATES.
AND ONE LAST DOUBT,IN THIS CASE , IS IT (SINCE WITNESSESS,ARE GENUINE AND HONEST)POSSIBLE TO PUNISH THE ACCUSE (BY THE COURT) AS PER ITS IMPLICATIONS- ABOUT 2 YEARS IMPRISONMENT.....ETC. WITHOUT ANY EXCEPTIONS/PERSONAL PRESSURES OF ACCUSED?
Asked in Criminal Law from Thane, Maharashtra
1. There is no time limit to submit charge sheet.
2. Generally police takes 3-6 months to prepare charge sheet and you can't do anything to expedite it.
3. Making investigation is job of the investigating agency and you can not render any cooperation unless specifically asked for.
4. If you find lack of proper investigation then you can file writ petition against police inaction and seek further investigation by another agency.
is the duty of the Investigation officer to present the charge-sheet in the Court within the period of limitation
2) The Section 473 Cr.Pc. of the Code reads as under :-"Notwithstanding anything contained in the foregoing provisions of this Chapter, any Court may take cognizance of an offence after the expiry of the period of limitation if it is satisfied on the facts and in the circumstances of the case that the delay has been properly explained or that it is necessary so to do in the interests of Justice". It is apparent from the same that notwithstanding that limitation period has expired the court may take cognizance of the offences if the delay has been properly explained or in the alternative it is necessary to take cognizance of the offence in the interest of justice.
3) court can condone delay in interest of justice if delay in filing charge sheet is explained
4) prosecution has to prove its case beyond reasonable doubt
you havent replied my earlier question about : when victim(complainant) can expect to get a APPEARANCE/DATE OF HEARING to obtain the result of the complaint under sections above,? and when the above sections are applied in FIR IS THERE ANY CHANCE OF not getting punishment/imprisonment to the accused.? pl. do explain with contingencies of COURT DECISION , IF POSSIBLE.......
Asked 2 months ago
1) courts are over burdened with huge backlog of cases
2) most criminal cases take 10 years to be disposed of
3) punishment to accused would depend upon whether prosecution is able to prove case beyond reasonable doubt
1. The charge sheet may be submitted within 90 days from the sate of registration of FIR.
2. The affected person may approach the higher police officer about the inordinate delay in filing the charge sheet by the IO if it is getting delayed beyond stipulated time without any reason.
3. Do not produce any original documents before commencement of trial.
you havent replied my earlier question about : when victim(complainant) can expect to get a APPEARANCE/DATE OF HEARING to obtain the result of the complaint under sections above,? and when the above sections are applied in FIR IS THERE ANY CHANCE OF not getting punishment/imprisonment to the accused.? pl. do explain with contingencies of COURT DECISION , IF POSSIBLE..
The complainant has already lodged a complaint with the local police, who in turn have registered a FIR under various sections of law.
Now, after the police submitting charge sheet before court, the trial will begin.
The complainant will become prosecution witness No.1 and would receive notice from court to appear before court for adducing evidence on the date of hearing notified in the notice.
The court will pass the judgment after the trial is completed.
Whether the accused will be convicted or acquitted will depend upon how both the sides argue in favor and against