6 month is over yet police has not filed chargesheet

Tilak Marg Forum for Legal Questions Forums Criminal Law 6 month is over yet police has not filed chargesheet

Viewing 1 reply thread
  • Author
    Posts
    • #4658

      Sir I have registered an fir under section 323/34/506 and 6 month has been over, yet they have not filed chargesheet. What should I do now so that chargesheet get filed.

    • #4662

      I have replied to a similar question which may please be seen at: Time limit to complete investigation in FIR.

      This would mostly cover your question. As mentioned therein, generally speaking, the law does not prescribe any maximum time period for completion of investigation and filing of charge sheet, except as mentioned therein. However, remember that if the offence under Section 506 IPC in your case is under Part I thereof, then it would a summons-case from the point of view of the above answer (link given above) and if it is under Part II thereof, it would not be summons-case.

      Further, it is not clear in which state you have filed this FIR, since in most states the offence under Section 323, 506, 34 IPC would be non-cognizable in which police cannot file FIR. It is noteworthy that Section 323 IPC is non-cognizable in all states, whereas Section 506 is cognizable only in 4-5 states and is non-cognizable in other states. For more details, see: Section 506 IPC – whether bailable or non-bailable? Section 34 IPC is not a substantive section and it takes it colour from other offences committed in the same act.

      In any case, presuming that FIR has been registered in your case, you can request the police to expedite the investigation. If needed, you may request the senior officers of police to direct the police station to expedite the investigation.

           


      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.

Viewing 1 reply thread
  • The forum ‘Criminal Law’ is closed to new Questions and replies.

You may also like to read these topics:

Improper investigation u/s 156(3) by police and judge dismissing the application
Who takes cognizance of a non-cognizable offence in a rural village or town?
How to compromise a case of assault on police (353) and non-obedience of order?
How can I obtain copies of Case Diary from police of investigation done in FIR?