Strange situation - crime num 3051/15 - please help
Please accept my apology if I am not including all info wrt to the legal terms/numbers as I really don't know much here and document given to us are in Marathi (not English). All I can say is we need your help, my dad is stuck in really strange situation. Here is the situation...
A false FIR was filed against my dad on 17/06 and it was "crime num 3051/15 for the offenses punishable U/S 3(1)(5)(10) of prevention of atrocities on SC and ST act". The person who lodge the FIR against my dad is taking advantage of his caste(Adiwashi). My dad hired a lawyer and we did get the Anticipatory Bail on 27/06. Couple of months before we were told by laywer that next step is police will see if they need to prepare the chargesheet or not and Yesterday my dad got call from our laywer saying that his assistant went to police station and the DYSP told him that they (police dept) are getting too much pressure from that caste guy and they will have to file the chargesheet and DYSP will give the Chargesheet within next 4days and he also asked my dad to submit his caste certificate and 2 passport photos.
We are clueless here as we don't understand whats going on and my family has absolutely no history dealing with police and my dad is struggling with his health already and soon within couple of months he will have to also go overseas to my sister for a year, so we are extremely worried on what will happen onwards and is our laywer doing right things for us. Is it normal to have chargesheet to take such long time? What should we do now onwards?
Asked in Criminal Law from Australia
1. Filing or not filing the chargesheet is the prerogative of the police. Filing of chargesheet does not result in the accused being declared guilty of the offence he is charged with. It simply means that both the parties will now open their evidence and the court will decide the guilt or innocence on the merits.
2. The chargesheet can be challenged in the High Court if it does not derive support from any evidence to charge the accused.
3. Have faith in your lawyer.
4. The chargesheet takes 1 to 2 years to be presented in the court. In your case this happened much earlier.
5. Wait till the filing of the chargesheet and then you may either challenge it in the HC or contest the case on merits in the court.
the law will take it own course, you really need not worry if you trust and have faith in the judicial system of our country and in your advocate.
Since your father is clothed with the bail orders he really need not worry too much about the working of the Police in this investigation.
The Dy S.P is trying to extract money from your dad with the threat of preparing the chargesheet, as an investigation officer in the case the IO must submit the charge sheet within 90 days, in case of delay he can seek extension by filing for the same before the jurisdictional magistrate.
as regards travelling abroad is concerned, you may have to seek permission from the IO and the magistrate in this regard. Your bail conditions will not permit leaving the jurisdictional police station and court without orders of the magistrate in this regard.
You cannot expect the police to file the charge sheet immediately after registering the FIR. They may take months or even years to file the charge sheet before the court. There is no unusual occurrence in it.
Since the charge sheet is filed before the court, you may ask your lawyer to challenge it properly and fight out the case on merits and documentary evidences in your possession and favor. Your father may not be allowed to travel abroad for such a long trip especially when there is a criminal case pending against him.