• FIR to charge sheet

What is time frame for charge sheet to be prepared after FIR ? Do the police have a responsibility to update their investigations to the complainant of FIR till the charge sheet is filed ? Can the accused ( being an influential person ) sabotage the findings of Police before the charge sheet is prepared or dilute the case such that it gets quashed in its first hearing ? What option do i have in case the court quashes my case in its 1st hearing ? Can i challenge the charge sheet ? Can i drag the investigating officer to court for not projecting the correct picture to the court ? Does involving National commission for women will be advisable if the crime is women related before the charge sheet is filed to monitor the investigations of police ?
Asked 10 months ago in Criminal Law from Greater Mumbai, Maharashtra
Religion: Buddhist
1. There is no time limit to submit charge sheet but of the accused person is in custody then police try to submit CS within 90 days.
2. If investigating agency is compromised then investigation can certainly be made to help the accuse person.
3. Quashing is very rare in nature and is hardly allowed.
4. Once matter is sub-judice women commission can do nothing.
5. If you share your actual problem then further advice can be given.
Devajyoti Barman
Advocate, Kolkata
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1) the time limit prescribed is 60 days for offences punishable with 10 years / less and 90 days in other cases as per sec 167(2) of crpc.

2)  if police fail to submit charge sheet with in the this time limit,accused is entitled to  bail as a matter of right , from the magistrate court itself, even in sessions cases

3) the accused being an influential person may try to manipulate the police findings so that case gets diluted 

4) HC will only quash the complaint if no prima facie case is made out against the accused 

5) if you are aggrieved by order of HC quashing the complaint you can appeal to SC against the order 

Ajay Sethi
Advocate, Mumbai
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There is no time limit to the filing of chargesheet. Police is under no duty to intimate the complainant with regard to the progress of investigation except if ordered to do so by the court. The chargesheet never gets quashed in the first hearing. You are well aware of what influential people can do. They can bribe the police to give a favourable report but the complainant can question it in accordance with the law. If the accused applies to the court to quash the chargesheet the court would afford an opportunity to the complainant to show cause. National Commission has no role to play once the matter has gone to court. The remedies of the complainant, to cure any any lapse in investigation, is only before the court concerned.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
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What is time frame for charge sheet to be prepared after FIR ? 

(i) Ninety days, where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of not less than ten years;
 (ii) Sixty days, where the investigation relates to any other offence,




Do the police have a responsibility to update their investigations to the complainant of FIR till the charge sheet is filed ?
No.  If the defacto complainant is interested in knowing the status, the same can be obtained either in person or by corresponding to the police seeking information.




 Can the accused ( being an influential person ) sabotage the findings of Police before the charge sheet is prepared or dilute the case such that it gets quashed in its first hearing ?
If accused is influential he may get the desired thing done in his favor, however you may note that the high court will issue notice to respondent to listen to the objections if any and only then it may decide and dispose accordingly.





 What option do i have in case the court quashes my case in its 1st hearing ?
You may file your written version of objection and counter to his petition objecting strongly and opposing the application vehemently for the reasons that you rely upon and the court is convinced about.




 Can i challenge the charge sheet ?
No, but you can file a petition for re-investigation for acts of omission. 


Can i drag the investigating officer to court for not projecting the correct picture to the court ? 
No. But you may file an application for  re-investigation through another officer.



Does involving National commission for women will be advisable if the crime is women related before the charge sheet is filed to monitor the investigations of police ?
Not necessary because there wont be any support from themfor the case under investigation.


T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
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