1. Sir there is not time frame for charge sheet if delay in charge sheet then accused get the benifit of default bail.

2. You can get direction form.high court to.expidite the proceeding and file chargesheet in stipulated time.

Yes you can get direction from.high court by filing a writ.for IMC to conduct the inquiry in stipulated time and take action against the involved.doctors and hospital.

If there is no arrest police has liberty to file chargesheet it after 90 days and it cannot be expected legally your Idea outgoing to High Court against Medical Council of India is a good idea on you can approach to the high court through a mandamus writ.

You can approach HC against failure of MCI to conduct inquiry against the negligent doctored

2) seek orders to complete prove within stipulated period

Accused may get bail if charge sheet is not filed within 60 or 90 days

2) provisions of Section 173 of CrPC (Provision related to filing of Chargesheet) along with Section 167 would show that an investigating officer is bound to submit the charge sheet with in a period of 60 days in case of offences attracting imprisonment of 10 years or less and 90 days in cases where the imprisonment awarded is more than 10 years.

Hi, the police has to investigate and submit the charge sheet within 90 days ...You can file a application under section 482 Crpc in high courts, for obtaining directions to investigation officer to provide the status report on investigation

1) Within time frame police has to filed a charge sheet?

Answer: The charge-sheet has to be framed within a span of 90 days. But generally it takes time to finalise the charge-sheet therefore it could take longer;

2) How can I expedite the filing of charge sheet by Police and also through court?

Answer: You can request the court to direct the police to file charge-sheet as early as possible otherwise it would lead to travesty of justice, justice delayed is justice denied;

3) Can I approach High court against Medical Council of India for delaying in conducting enquiry against the doctors of Fortis Gurgaon for medical negligence

Answer: Yes you can approach the High Court and direct the MCI to finalize the internal inquiry and submit the report to the sessions court on an urgent basis;

This is my further response to you:

1. Since the earlier reports had mentioned 100% blockage the doctors should have take steps immediately;

2. Also submit the reports and proofs to the High Court to put pressure on the MCI to submit its inquiry report.

police should file charge sheet as more than 6 months have passed since filing of FIR

2) file RTI application with local police station as to what progress has been made in investigations in FIR filed by you against accused

1. Police is supposed to file chargesheet within 60 days to 90 days, but they can always seek extension from the court.

2. You can file writ of mandamus in high court under article 226 of the Indian Constitution seeking directions to expedite enquiries conducted by the police and the Medical Council of India.

Can I approach High court against Medical Council of India for delaying in conducting enquiry against the doctors of Fortis Gurgaon for medical negligence?

A. Yes. Filing the above said writ in high court would enable you to seek directions to expedite enquiries against the doctor of Fortis Hospital Gurgaon and to complete the same in a time bound manner.

Dear Client,

IN death case, 90 days which can be extended, depends on speed of investigation.

File application in court u/s 210 CrPC, call for progress report and than request court to direct IO to file charge sheet within time frame.

Let the decision of MCI comes, if negative than approach high court. Courts are reluctant to interfere in internal inquiry.

Have u filed for medical negligence in consumer court ?

Sir there is no specified time for filing charge sheet the procedure can only expedited through the order of the High Court.

1. There is no time limit to file the chargesheet.

2. Only 6 months have passed from the date of registration of FIR. This is not a huge delay. At this stage just persuade the investigating officer to file the chargesheet. If there is inordinate delay in the filing of chargesheet then you may file a petition for fair and speedy investigation in the High Court.

3. You can surely file a writ petition against MCI in the High Court to seek binding directions to it to completethe enquiry in a time bound manner.

The police can complete its investigation and file the charge sheet before court within 90 days, however they may even seek extension based on the circumstances.

You follow it up through concerned police station, if there is no response or proper action, you may approach the district superintendent of police or even concerned judicial magistrate for direction to the concerned police about this.

Can I approach High court against Medical Council of India for delaying in conducting enquiry against the doctors of Fortis Gurgaon for medical negligence

You can write to the MCI itself directly and seek the status and after that if you are not satisfied with their inquiry then you may approach high court on this.

Accused doctors have already been granted bail by the Gurgaon court.

How much more time can Inquiry officer/ police can take for filling the charge sheet?

Can I approach local court for speedier filling of charge sheet by Police?

Even if the police is filing the charge sheet at this stage, the trial will take its own course of time.

You cannot put pressure on court beyond certain extent.

The court may not entertain any representation from the defacto complainant beyond certain limitations.

1. Police has to file Charge Sheet within one years time.

2. IF police is not filing Charge Sheet, file private criminal complaint u/s 156(3) Cr.P.C., in the local magistrates court, by supporting documentary evidence, against all accused concerned. The Magistrate will give directions to Police to investigate and file charge sheet.

Keep Smiling .... Hemant Agarwal