From the facts stated by you, it appears that there is a delay of about 5 years in filing charge sheet in the case.
It is generally very rare that such long delay of 5 years takes place in investigation. Usually, such type of cases are investigated within a maximum period of say about 2 years. A delay of 5 years is generally very rare. There must be some specific reason for this, such as, non-receipt of the expert opinion (since it is a forgery case), or non-receipt of sanction for prosecution if that is needed in the case in respect of some government servant, if any involved. Or, there may be some other reason.
There is also a possibility that the investigation might have been closed and a closure report might have been filed by police, in which case you may not be intimated.
So, you may try to ascertain what is the cause of the delay.
Presuming that the investigation is still pending, if you are on bail and if no other specific disadvantage is caused to you due to such delay (such as suspension, custody, etc.), then you may wait patiently. If you so desire and if your budget permits you, in consultation with your advocate, you may approach the high court for quashing of the proceedings / investigation on the grounds of delay quoting your fundamental right to speedy trial (which also includes speedy completion of investigation). However, chances of such quashing are less, but there is a reasonable chance that the high court may at least direct the police to expedite the investigation and complete it in a time-bound manner.
You may also try to meet the senior officers of police with a request to direct the police officer concerned to speedily complete the investigation. Normally, the senior police officers will take notice of such long delay since they conduct periodic review of long-pending cases.
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. List of his Quora Answers. List of his YouTube Videos.
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