• Non-filing of chargesheet

Launched an FIR on 19/11/2015 under section 332, 186, 323, 504, 506, 447, 448 but still police has not flled the charge sheet in the court.
In RTI it has been confirmed by the IO that chargesheet has been filled on 11/02/2016, but after confirmation from court it has been confirmed that chargesheet not filled and the same is pending before SOin Koatwali and they are not giving response. 

The matter related with the Nagar Palika property we are not a party in that matter, please suggest.
Asked 8 years ago in Criminal Law
Religion: Hindu

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6 Answers

1) you have to wait for filing of charge sheet by the police .

2)as per section 468(2) the period of limitation is 3 years if offence is punishable with imprisonment for term exceeding one year but not exceeding 3 years

3) charge sheet can be filed within period of 3 years from date of filing complaint

Ajay Sethi
Advocate, Mumbai
94718 Answers
7530 Consultations

5.0 on 5.0

To expedite the filing of CS one can apply to the Magistrate for necessary direction upon the Police to submit its report

Ajay Sethi
Advocate, Mumbai
94718 Answers
7530 Consultations

5.0 on 5.0

If a false reply has been given by the IO then he is liable to be prosecuted for giving false information. Be that as it may, you can move the HC to seek directions to the IO to file the chargesheet.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Hi, it is better request the IO to file Charge sheet and normally police can file a charge sheet with in a reasonable time.

Pradeep Bharathipura
Advocate, Bangalore
5604 Answers
335 Consultations

4.5 on 5.0

In RTI it has been confirmed by the IO that chargesheet has been filled on 11/02/2016, but after confirmation from court it has been confirmed that chargesheet not filled and the same is pending before SOin Koatwali and they are not giving response.

The matter related with the Nagar Palika property we are not a party in that matter, please suggest.

Based on the information obtained through RTI Act, you may file a petition before the concerned magistrate court seeking its intervention to direct the police to file the charge sheet expeditiously owing to the delay which causes mental harassment and agony.

T Kalaiselvan
Advocate, Vellore
84919 Answers
2195 Consultations

5.0 on 5.0

Please let us know how we can make it earliest possible to filled the charge sheet. further as per the RTI reply IO has confirmed that charge sheet has been filled in the court which is wrong and charge sheet is only reached upto SO.

If the police has furnished the wrong or false information, this issue can be taken up with the higher police official and seek its intervention and render proper justice.

T Kalaiselvan
Advocate, Vellore
84919 Answers
2195 Consultations

5.0 on 5.0

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