Submission of chargesheet and arresting of accused
I lodged a fir dated on 30 Nov 2014 under ipc 323/504/506 and 3 (1)(10) SC / ST act ,after submission of medical ipc 308 and 325 is added,but till now no one accused are not arrested and police is not submitting chargesheet yet .Timing for submission of chargesheet under prevention of atrocities act is 30 days. I approached to court to get details of what done by police till now and they answered that investigation is still in process..
1 what can do for arresting of accused And prevent delay in submission of chargesheet.?
2 can police submitted chargesheet without arresting of accused?
Asked in Criminal Law from Kanpur, Uttar Pradesh
1. It appears that the police is compromised in this case.
2. You better file a writ petition of Mandamus in high court against police inaction so the court direct the Police for necessary action including submission of charge sheet. The court can not ask the police to arrest the culrpits but can direct them to be more active.
3. Yes the police can submit charge sheet even without arresting the accused persons. If they do so then the accused persons would be shown as absconder in the charge sheet. The the Magistrate will issue fresh warrant against them including lookout notice.
Can I approach for complaint that investigation officer is misusing the power of his office and wilfully neglect his duty.If yes ,Pl tell me where
I am submitting my complaint
Asked 2 years ago
1. Police should have arrested the accused based on your complaint,
2. It appears that the accused could manage the law enforcing authority,
3. File a Writ Petition before the High Court against police inaction,
4. Engage a local lawyer having expertise in this field.
1. Yes, your W.P. will allege that the police is not willfully staying inactice in support of the accused and is not taking any step to arrest him,
2. Please note that once charge sheet or investigation report is filed by the IO in favour the accused, it will be easy for him to get AB.
There is two option you have.
first you may file a writ petition before HC and get the order for direction to IO, or you may file an application for status report before trail court in which jurisdiction the matter is pending.
secondly you may file an application cum complaint against IO before the higher authorities of police and govt.
Advocate, New Delhi
1. Have the accused sought bail? Investigation does not seem to be on the right track due to the casual approach of the police.
2. Although it is not obligatory on the part of the police to arrest the accused, yet not arresting the accused in a case of atrocities against SC/ST is unheard of. The magistrate has sufficient power to bring the accused to the court after the charge sheet is filed. The fact that charge sheet has not been filed goes on to lend credence to the failure of the police.
3. You can move the High Court to obligate the police to investigate in a more pro-active manner. Even if the HC does not direct the police to effect the arrest of the accused the order of the HC would be a loud and clear message to the police. This happens very often.