Investigation is over but police team was not fileing chargesheet
My sister was 17 years old, last month she was kidnaped and compel for marriage and very harassed to drop home .he said if she was not accept for marriage he will murder to her and he will die. she was planned and reached at home and logged a case under section 366 & 516. accused on the remanded and sent him to sub jail. one month was over from FIR filled and police team investigation also over but team was not filing charge sheet because local MLC supporting to Accused side. when I was asked to police team when will file the charge sheet. SI stating that we will file charge sheet after few days I think police team also supporting to accused will get bail. what is the next process if team was delaying to file charge sheet.
Asked 2 years ago in Criminal Law from Visakhapatnam, Andhra Pradesh
1) file RTI with authorities as to why charge sheet had not yet being filed
2) since it is only a month since case had been filed it would take time for charge sheet to be filed
Give a month to police to file the chargesheet, and if it is not filed then you may seek appropriate directions from the court. Merely because there is delay in the filing of chalaan it does not mean that police has sided with the accused,
If an FIR has been filed, a charge sheet should be filed within 90 days.
since it is your sister who has been kidnapped, suggest that you meet the SP and ask him to speed up the process. Submit the petition to SP in writing and get an acknowledgement.
Has the accused got bail? if so, then submit a petition to the high court (along with the petition acknowledged by SP Office) stating that the accused has been threatening the witness and destroying the evidences. Once the high court intervenes, then the accused will go back to jail and since High court is involved, police will have no other option other than completing the investigation thoroughly and filing the charge sheet without any dilution of case.
For filing charge sheet the police have a time limit, if you feel that the police has not filed the charge sheet within the time limit, you may file an application before the court to direct the police to file the charge sheet immediately before the court.
Hello sirs, Thanks for yours voluble suggestions. In this police team saying that don't need to file an charge sheet, we already submitted the DDR in court. upon DDR court will start the procedure..?
Asked 2 years ago
If you are not satisfied with the reply by police you may file a petition before the concerned judicial magistrate court seeking direction to the concerned police to file the charge sheet expeditiously. On the court direction the police will get into action swiftly.
If the FIR has been lodged then police is bound to file its final report in the court, which may be either a closure report or a chargesheet stating that the investigation inculpates the accused.
take search of court records whether any DDR has been filed or not