Can I approach court for gross delay in filing charge sheet by police?

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This topic contains 1 reply, has 2 voices, and was last updated by Dr. Ashok Dhamija Dr. Ashok Dhamija 7 months, 2 weeks ago.

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  • #1275

    Anonymous
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    My signature was forged by somebody to sell a property belonged to my father and a G R case has been filed in 2005. Till date no chargesheet has been filed by police and the accused are manipulating courts. CID has confirmed that my signature was genuinely forged.It seems police is also reluctant in submitting chargesheet. Can I approach any higher court who can direct police to frame the chargesheet immediately otherwise the accused will keep on manipulating.

  • #1276

    You have mentioned that the case was filed with police in 2005 and that no charge sheet has been filed so far till 2017. This means that the investigation is still pending for last about 12 years?

    Usually so much time is not taken for investigation. There may be a possibility that the police might have filed a closure report. You should check from the court if this is the case.

    If no such closure report is filed and the case is still pending under investigation, then you should first approach the senior officers of police since keeping investigation pending for such long period is quite unusual. If the senior officers do not take any action, then you may approach the high court for giving a direction to police to complete the investigation in time-bound manner.

    There is also a possibility that no FIR might have been filed in the case and the police might have just conducted an informal enquiry in the matter. Check that also because in that scenario, no charge sheet would be filed.     


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles.

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