Whether FIR is registered lawfully or not
Police accused daughter-in-law with her hasband u/s. 506/323/34 of IPC and 24 of Maintenance and Welfare of Parents and Senior Citizen Act, 2007 duly registered an FIR on 21/09/2013. But still now the police have not filed charge sheet in this case.
1) Where daughter-in-law can not be implicated u/s. 24 of the said act and other offence under the said IPC are non-cognizable in nature, will this FIR be sustainable in case of said daughter-in-law?
2) Is there any time limit to file charge sheet by the police in this case?
3) What is legal remedy to the daughter-in-law?
Asked 2 years ago in Criminal Law from Howrah, West Bengal
normally it is 60-90 days for filing chargesheet,if FIR is not sustainable then it will come to an end at the stage of framiming of charges
Advocate, New Delhi
1. Whether or not the FIR is sustainable can be told only after a threadbare perusal of the allegations mentioned in FIR.
2. Time limit is 90 days.
3. The legal remedy is to either prove her innocence in court or challenge the FIR in HC.