• Commencement of court proceedings after registration of a case

I had filed a police complaint of harassment and mental torture, against a builder in Bangalore. On 26th.of September.2017, I received an 'Endorsement' from the concerned police station, that in response to my complaint a case u/s 406,420 R/w IPC has been registered. 

I have been following it up since then. On 7th.of Dec 2017, I received another intimation that investigations were going on, and as soon as these were over, the findings would be filed in the court of law.

My Questions:
a) Is there a maximum time limit, within which the Police is obliged to complete their investigations, and submit their findings to the Court? If yes, what is this time period??

b) How soon will the court take up the case , for hearing and judgement??

This is an 'open and shut case', wherein I have ALL the required evidence, and I suspect that the builder may have bribed the police to stall the proceedings.
Your advice , would be highly appreciated, and useful for me to proceed further. 
Thanks
Asked 4 years ago in Criminal Law
Religion: Hindu

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17 Answers

Hello,

there is no time limit that has been specified in the Cr.P.C.

If the police is not filing the case and there has been a substantial delay then you may file a case in the Hihg Court to get the investigation expedited.

go ahead and file the case in the HC and get the investigation expedited, before preferring the same write a representation to the senior police authorities.

Regards

Anilesh Tewari
Advocate, New Delhi
17870 Answers
344 Consultations

5.0 on 5.0

There is no time limit for filing of a charge sheet. However, if an accused is in custody/jail and the charge sheet is not filed within 60 or 90 days (as per the nature of offence), then such accused become entitled to bail u/s.167 Cr.P.C.

2)criminal cases take around 10 years to be disposed of

Ajay Sethi
Advocate, Mumbai
84936 Answers
5617 Consultations

5.0 on 5.0

Within 60 days the investigation need to be completed

Subhendu Ghosh
Advocate, Barrackpore
234 Answers

4.0 on 5.0

1. There is no time limit to submit charge sheet in sessions triable cases.Since the case u/s 420, 406 is not sessions triable case the time limit to submit charge sheet within 3 years.

2. If the Police fails to submit charge sheet within such time the accused person can apply for discharge.

3. The complainant to expedite investigation can file writ petition in high court agaisnt police inaction.

4. Only after submission of charge sheet and framing of Charge the trial commences which generally takes at least 1-3 years time form the date of registration of FIR.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
366 Consultations

5.0 on 5.0

1. Actually there is no maximum time limit to complete the investigations by police. But you can submit application before the court of law to know the status of investigation and to accelerate the investigation.

2. Whenever Investigation officer file his chargesheet then the trial will begin.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

a. No, there's n maximum time prescribed.

b. Once the Police submits its investigation and submits its report in the Court.

c. Give some more time to the Police to complete investigation. However, if it still fails to submit the charge sheet in the Court, you may approach the High Court and file a writ of mandamus.

Vibhanshu Srivastava
Advocate, New Delhi
9350 Answers
219 Consultations

5.0 on 5.0

#Feedback:

I have read the question thoroughly :

As per you the investigation is going on and you asked that "Is there a maximum time limit", to which I say that there is no time limit that has been specified in the law.

You have asked that ""How soon will the court take up the case , for hearing and judgement??, which means the investigation is still going on.

Let me know if there is some error in my understanding.

Regards

Anilesh Tewari
Advocate, New Delhi
17870 Answers
344 Consultations

5.0 on 5.0

If the FIR is registered and accused are arrested, then normally the investigation is completed in 90 days and chargesheet is filed. If not there is no time limit for the same.

Once the chargesheet is filed accused will file bail application and it will be kept for framing of charges. After that evidence starts and then judgement.

Once the Matter goes to the court you can request the court for speedy trial if the Hon'ble Magistrate doesn't do the same you can approach the Hon'ble High court for the orders of speedy trial in your case.

Prashant Nayak
Advocate, Mumbai
24936 Answers
58 Consultations

4.4 on 5.0

Dear Sir,

My honest answers as follows:

a) Is there a maximum time limit, within which the Police is obliged to complete their investigations, and submit their findings to the Court? If yes, what is this time period??

Ans: As per section 468 of Cr.P.C. no limit is prescribed for taking cognizance by the Court that means there is no prescribed limitation to file charge sheet in respect of offences which are punishable for more than 3 years.

b) How soon will the court take up the case , for hearing and judgement??

Ans. Immediately Court will take up the matter and usually, subject to availability witnesses, volume of concerned Court, it will be disposed between 2 to 4 years.

The relevant section is reproduced below. The option left with you for early filing of charge sheet and early disposal it to approach the Hon’ble HC and seek a direction to that effect, it will fix a time limit.

Section 468 in The Code Of Criminal Procedure, 1973

468. Bar to taking cognizance after lapse of the period of limitation.

(1) Except as otherwise provided elsewhere in this Code, no Court shall take cognizance of an offence of the category specified in sub- section (2), after the expiry of the period of limitation.

(2) The period of limitation shall be-

(a) six months, if the offence is punishable with fine only

1. Provisions of this Chapter shall not apply to certain economic offences, see the Economic Offences (Inapplicability of Limitation) Act, 1974 (12 of 1974 ), s. 2 end Sch.

(b) one year, if the offence is punishable with imprisonment for a term not exceeding one year;

(c) three years, if the offence is punishable with imprisonment for term exceeding one year but not exceeding three years.

(3) 1 For the purposes of this section, the period of limitation in relation to offences which may be tried together, shall be determined with reference to the offence which is punishable with the more severe punishment or, as the case may be, the most severe punishment.]

Kishan Dutt Kalaskar
Advocate, Bangalore
6017 Answers
330 Consultations

4.8 on 5.0

1. As per CrPC, In maximum 90 days after FIR is filed, IO need to file charge sheet in the court.

2. In case, if IO do not file charge sheet in 90 days then you need to approach court to get direction to expedite the investigation. FYI. I do not think police will file charge sheet in the prescribed time. So, you would need to approach court in future.

3. In case, if you are not satisfied with charge sheet report then you may move to same court to get order for some other officer to investigate the case.

4. If you think, more charges to be added with FIR then approach court.

5. Once the charge sheet filed in court then case would move on to different stages.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

4.9 on 5.0

1. Without delay is the purport of S.173 Cr.Pc. No time limit.

2. Depends upon the witnesses presence and cross examination.

If you suspect bribe will spoil your case, then engage an intervenor advocate in the case to appear on your behalf.

Rajaganapathy Ganesan
Advocate, Chennai
2023 Answers
8 Consultations

4.9 on 5.0

Hi

A) The investigation report should be filed in 90 days by the police but there can be delay in that by police on basis of certain facts like more time needed for investigation etc .

B) As the chargesheet is filed in court the case will go on.

If you have all the required evidences and police doesn't support you then file a complaint case directly in the court.

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

1. After the completion of investigation the police has to file the final report i.e chargesheet in the court. On the filing of the chargesheet the notice will be issued to the accused to appear personally before the court. There is no limitation period to file the chargesheet.

2. The trial will begin after the filing of the chargesheet and when the court frames the charges.

3. You have the right to engage your own lawyer to assist the prosecution and to keep a tap on what the prosecution is doing.

Ashish Davessar
Advocate, Jaipur
30752 Answers
923 Consultations

5.0 on 5.0

a] generally 90 days is the time limit. it can be extended.

b] as soon as the charge sheet is filed court will start trial.

if police delays then tell the court to speed up investigation.

Arnab Kumar Banerjee
Advocate, Kolkata
112 Answers

4.0 on 5.0

1. The police can take between 90 and 180 days for completion of investigation and file charge sheet from the date of FIR.

2. The court will take up the case on its file after the police submits charge sheet

You can wait for the police to initiate proper action within the reasonable time, if not then you may file a petition before the judicial magistrate court seeking its direction under section 156(3) cr.p.c. against the concerned police.

T Kalaiselvan
Advocate, Vellore
75050 Answers
1263 Consultations

5.0 on 5.0

If you having any doubts on investigation, you can file application u/s 482 in Highcourt for directions to police to register FIR. It will be effective.

Rajesh Kumar
Advocate, Ludhiana
119 Answers
1 Consultation

4.3 on 5.0

Hi, with so many advices you already have, you are suggested to file a protest petition in the court so that police may not against the interest of justice.

Ganesh Singh
Advocate, New Delhi
6629 Answers
16 Consultations

4.5 on 5.0

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