My girlfriend had lodged FIR on me with section 292,501,506 IPC and 66A,67 IT ACT. The case is in Chandrapur district session lower court and I am from Mumbai. so is their any chance to transfer this case from Chandrapur (Nagpur) to Mumbai court, and what happens if charge sheet is not prepared within 90 days by police. What to do to close or win this case? Thank you.
Asked 4 years ago in Criminal Law from Mumbai, Maharashtra
the transfer is not possible u can try to quash the proceedings so which the chargesheet discuss the issue with an advocate
In Chandrapur your advocate can take permanent exemption for your personal appearance ,but first time you must visit as otherwise it is taken adverse.
Advocate, New Delhi
Permanent exemption under Sec. 205 Cr.PC may be sought based on convincing arguments in the court. However, for quashing under 482 Cr.PC you must have clear evidences to produce before the court to pray for quashing.
you can file a transfer petition before HC and fight the same on merit its court discretionary power to transfer or not.
the file charge sheet within 90 days is not mandatory but if police has failed to file the charge sheet within 90 days and the accused is in jail then only the accused got right to get bail. win or lose the case is different matter.
Advocate, New Delhi
You can file a petition under 482 CrPC for quashing FIR or you have to fight case in district court on merit or get compromise with your friend.
Advocate, Greater Noida
Get a competent lawyer to fight your case, You should apply for an exemption from appearance, you will get it. Another option which you can try is file aquash petition in the hIgh court to qaush the FIR, this can be done after the charge sheet. There is no mandatory time limit police observe to file charge sheet. if the charged offences have been allegedly committed in the present court jurisdiction, you may not be able to get the case transferred to mumbai.