• Is there any provision to move application in court to direct the police for production of challan

A fir was registered in 2016 august but police has not presented the challan in court till now whats the procedure to ask the court to direct police for production of challan
Asked 7 years ago in Criminal Law
Religion: Sikh

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12 Answers

r u accused or complainant?

Tarun Budhiraja
Advocate, Rohtak
379 Answers

Present an application with regards to the same before the court.

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

yes u can move an application to Concerend jurisdiction court for monitoring of case if challan not received

Tarun Budhiraja
Advocate, Rohtak
379 Answers

You can move an application with this regards to the same before the SP and the needful will be done.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

File an application before the Magistrate seeking fair, transparent and expeditious investigation.

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

File an application before court to direct Police to submit investigations report

Mention that although more than a year has passed till date no report has been submitted

Ajay Sethi
Advocate, Mumbai
96829 Answers
7812 Consultations

Section 91 with the head note Process to Compel Production of Things of the Code of Criminal Procedure, 1973 states that:

(1) Whenever any Court or any officer in charge of a police station consider that the production of any document or other thing is necessary or desirable for the purpose of any investigation, inquiry, trial or other proceeding under this code by or before such court or officer, such court may issue a summons, or such officer a written order, to the person in whose possession or power such document or thing is believed to be, requiring hm to attend and produce it, or to produce it, at the time and place stated in the summons or order.

(2) Any person required under this section merely to produce a document or other thing shall be deemed to have complied with the requisition if he causes such document or thing to be produced instead of attending personally to produce the same.

Minansu Bhadra
Advocate, Kolkata
444 Answers
31 Consultations

Though there is no timelimit to submit the charg sheet it is done in reosonable time of around 3-6months .

So in your case the delay is inordinate and hence to expedite the things you can file writ petition against police inaction which would call for report form the police about the status of the case and progress of the case.

Devajyoti Barman
Advocate, Kolkata
23201 Answers
511 Consultations

Hi

Yes you can demand the investigation from a different investigation agency.

Challan production in court depends on the police party. You can file for quash if you want to try for discharge of the case.d

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Hi, the police has to file a challan within 3 months after the registration of FIR .. It is advisable to file quashing of FIR in high court as the police have failed to conduct a procedural investigation

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

You can file a petition before court seeking direction to concerned police to submit the charge sheet expeditiously

The court will pass on instructions to the concerned police on this accordingly.

T Kalaiselvan
Advocate, Vellore
87030 Answers
2337 Consultations

is there any provision to ask the court that io of fir is not doing proper investigation & to change the investigating officer

Till the IO has not submitted the charge sheet, you cannot ascertain that he has done a proper investigation or not, if it is not proper then you may file a petition through APP for re investigation under section 173(8) cr.p.c.

T Kalaiselvan
Advocate, Vellore
87030 Answers
2337 Consultations

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