Police not filing charge sheet

[omshivalegalservice]

FIR was registered in sep 2016 u/s 420. Police is in collusion with accused and has not yet filed the charge sheet. 156(3) filed for status report. Status report says investigation is going on, magistrate is ok with that. Now what is the option with complainant. Writ of mandamus or any other remedy available. Please advise as no provision in crpc for time bound probe.

[Dr. Ashok Dhamija]

You can meet and request the senior police officers for expediting the investigation, telling them how the local police station officers were siding with the accused persons. Usually, the senior police officers take stock of all long pending cases and direct the investigating officers to complete investigation within limited time-frames.

Second option is, of course, to file a petition before the high court under Section 482 of the Criminal Procedure Code seeking direction to complete the investigation expeditiously or transfer the case to some other agency (or officer) if it is a serious case.

     

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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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