Legal Question in Criminal Law in India

In Criminal case Delay beyond 3 years for suit filing in Magistrate Court.case is based on affidavits only.Investigation Officer fail to obtain the permission of the Court for Condonation of delay. I/O deliberately shielding suspected culprit ,guilty person & not listed in FIR [despite Evidence ],he is harbouring criminal offender.Deliberate suppression of material & facts in FIR,FIR is Misleading to Court,playing fraud on court & thereby try to obtain financial & other benefit from the protected culprit. I/O is a public servant.Kept magistrate in dark for personal benefit,FIR is Bad in law.Sec.212 ,IPC:Harbouring offender:offence has been committed, whoever harbours or conceals a person whom he knows or has reason to believe to be the offender, with the intention of screening him from legal punishment.217: Public servant disobeying direction of law with intent to save person from punishment . Sec.218: Public servant framing incorrect record or writing with intent to save person from punishment .

Question: Will these Grounds & Facts enforce Magistrate to reject the FIR or withdrawal of charges enumareted in FIR. Will it lead to dismiss the case and DISCHARGE the ACCUSE.


Asked on 8/30/17, 10:24 pm

1 Answer from Attorneys

You seem to be already having good knowledge but it seems that your knowledge is not sound and is half baked. Filing of challan does not vitiate the case. Police can seek extension for filing challan. The limitation applies on filing or making of complaint or reporting the matter to police and not on commencement of trial. The accused persons can appear on investigation and at the time of registration of FIR it not necessary that the name of all accused persons be mentioned. The accused persons as booked by police are required to prove their innocence. Sidharth 9811776422

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Answered on 8/31/17, 9:24 am


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