Unnecessary delay in filing charge-sheet / final report
An office-master in a Govt. Office lodged a FIR against his subordinate Junior Officer raising an allegation of having connivances with a culprit casual staff in the matter of misappropriation of Govt. money. A Criminal case U/S – 409, 420, 467, 468, 469 & 34 of I.P.C. was filed against the junior officer in the year 2010. The said officer surrendered before the Court on 24th January-2011 and he was released on bail on 1st May-2011.
Enquiry has been completed by the I.O. and report of the experts on signature verification has also been deposited. But still no charge-sheet has been filed so far. The sufferer officer wants to get this case finally decided as early as possible. What can be done from his part to expedite the matter?
Asked in Criminal Law from Bolpur, West Bengal
Submit an application to the court for IO to submit the charge-sheet or alternatively go in for filng a writ in high court along with prayer for speedy and fast disposal of the case. Secure an order to this effect from the high court.
Filing Charge Sheet is purely discretionary power of IO and nobody can pressurize him/her to file charge sheet, so it will be better to wait & watch.
Advocate, New Delhi
u can go to high court for quashing of FIR. Some sort of order in your favour will given by high court
Advocate, Greater Noida
Before three years nothing will yield in moving High Court for expedite charge sheet. You have to wait.
You can request seniors of IO.
Advocate, New Delhi
Give a written representation to the SP for getting the investigation completed as early as possible. Thereafter, file an application under section 156(3), 210 CrPC before the concerned magistrate for getting a status report in the matter and for speedy and fair investigation.
If that also does not suffice, then file a petition before the High Court under section 482 CrPC seeking speedy and fair investigation.
Seek the intervention of the High Court. This will address the core issue.