In a cyber crime case, even after two years since the FIR, neither the chargesheet is filed nor the FSL is received. If the accused go for quashing of FIR and it is rejected by the HC, What are the possible consequences? 1)Will HC ask the police to file the chargesheet immediately? or 2)Will HC allow the police to wait until the FSL, before filing the chargesheet?
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1. As an accused you may reach the HC for quashing. Justice delayed is justice denied and speedy trial is your fundamental right.
2. HC may though direct the police to conduct investigation at the earliest.
However if you have strong ground to get the FIR quashed apart from delay then go ahead and file the same.
Regards
The accuesed can contest the matter in trial if the quashing is rejected and file a Discharge application after the charge sheet is filed.
The court can ask IO to file charge sheet and direct to produce FSL and status of investigation.
If FSL is still awaited then court can give time bound direction after that the chargesheet can be filed.
Quashing when the investigation agency fails to submit the charge sheet, in a particular case, depends on the facts and circumstances of the case. It would be better if you move an application to the court against the investigation officer/agency to submit the charge-sheet or you may move high court by filing a writ along with the prayer for speedy and fast disposal of the case.
FSL is an important piece of evidence in cybercrime cases, the court will consider it on the basis of facts and circumstances of the case.
Quashing is to be done only in exceptional circumstances
2) if quashing is rejected court will allow police to wait till FSL is received
1. If the petition for quashing of FIR is dismissed then police is bound to complete the investigation and file the final report.
2. While dismissing the quashing petition the HC can issue the direction to police to file the chargesheet in a time bound manner, but this is seldom done.
3. Police has to be allowed to wait for FSL before filing the chargesheet.
1)Chargesheet is filed when investigation is over.
2)If you feel the police in unneccesarily dragging the time and not filing the chargesheet in time then you can approach high court and file a writ petition
1. The police has nothing to do with the quashing case and hence even if the quashing case is rejected it can submit charge sheet on its own convenience.
2. Before the submission of the charge sheet the high court generally do nt apply its mind in quashing.
3. rather file a writ petition to expedite submission of charge sheet alleging police inaction.
Firslty, as per the information stated in the present query, makes it clear that the query is pertaining to a situation where petition for quashing stands dismissed.
Secondly, after that if the police says that they have been waiting for the FSL report to conclude the investigation then HC may give them some more time.
Thirdly, if still FSL doesn’t come then you should move an application before the HC for making time bound to bring on resold the FSL as well as the chargesheet.
How to get back devices if FIR quashed but FSL pending In a cyber crime case, even after two years since the fir, neither the chargesheet is filed nor the FSL is received. 1) If an FIR is quashed by HC, what happens to the pending FSL? Can the accused get back the devices seized by police, even before the FSL? 2) If an FIR is quashed by HC, can the case be reopened by police if an evidence is found in fsl? 3) After quashing or discharging the case, how long does it take to get back the devices seized by police?
if FIR is quashed then you can get back devices seized by police
2) it may take over 3 months to get back devices seized by police
3) if FIR is quashed then case would not be ropened by police
Sir if the FiR is quashed then an application before magistrate court for mudamaal that is case items can be filed.
Further if FIR is quashed further proceeding there of including FSL is quashed.
FSL report is quashed along the chargesheet though state can challenge the order based on FSL.
2 -3 hearings for return of items seized after application is filed.
If FIS is quashed then the proceedings of FSL will also be dropped.
You may then write an application to magistrate and get your devices.
If the FIR is quashed by the HC then only with the permission of the HC the case can be re-opened, chances of which are very bleak.
Approx 3 months, to get back the devices.
Regards
Dear Sir,
My answers are as follows:
1)Will HC ask the police to file the chargesheet immediately?
Ans: HC never ask police to file chargesheet but it will give direction which is time bound if you approach HC saying that police not filed charge sheet for a long time.
2)Will HC allow the police to wait until the FSL, before filing the chargesheet?
Ans; It will also direct FSL to immediately furnish FSL reports to the concern police.
How to get back devices if FIR quashed but FSL pending
In a cyber crime case, even after two years since the fir, neither the chargesheet is filed nor the FSL is received.
Ans: Soon after FSL report is filed you can file an application before trial court to release the devices if not the same will be perished/damaged.
1) If an FIR is quashed by HC, what happens to the pending FSL? Can the accused get back the devices seized by police, even before the FSL?
Ans: Accused many a times never claim such in cremating devices and they will forfeited to government at the end of the trial.
2) If an FIR is quashed by HC, can the case be reopened by police if an evidence is found in fsl?
Ans: No, once FIR is quashed case cannot be reopened normally without FSL report FIR cannot be quashed. The alternative is you must go to Supreme Court.
3) After quashing or discharging the case, how long does it take to get back the devices seized by police?
Ans: Within 45 days of such order provided no appeal is made against such order and no stay is granted by any court.
1)Will HC ask the police to file the chargesheet immediately?
The high court may dismiss the quash petition on merits, that has nothing to do with the instruction to police to file charge sheet, there should be a particular prayer to this effect by the petition so that the high court may consider it.
or
2)Will HC allow the police to wait until the FSL, before filing the chargesheet?
High court has nothing to do with the FSL or charge sheet, it depends on the arguments made by both the sides in this regard.
1) If an FIR is quashed by HC, what happens to the pending FSL? Can the accused get back the devices seized by police, even before the FSL?
The accused can file an application for return of the items seized by the police stating that the FIR is quashed.
2) If an FIR is quashed by HC, can the case be reopened by police if an evidence is found in fsl?
They will prefer an appeal, however the high court will not blindly quash the FIR without getting the opinion of police in this regard, the police may seek time to produce the fsl reports.
3) After quashing or discharging the case, how long does it take to get back the devices seized by police?
You have to file an application before the concerned couirt for return of your articles.
1. It is the matter of 1 month for the cyber crime police to get FSL report at the present scenario.
2. I suspect the cyber crime police delaying the investigation.
3. You may approach HC for quashing of FIR based on the delay in filing charge sheet.
4. Before HC issue further order, it would summon IO to file counter for the quash petition.
5. Once HC quash FIR then you may get all your seizures. But, you do not need wait till FSL report comes. You may always approach to get order to release seizure materials.
6. Even if HC quash the FIR, if credible evidence found in the material then IO may reopen the case.
7. You may get your devices before even HC quash your case by filing an application under Sec. 85 of CrPC.
8. You may discuss with me for more info.
