Legal Question in Criminal Law in India
Regarding charge-sheet
In January 2011, a criminal case was registered by police on my complaint after a long and deep investigation which was totally based on documentry evidences, against five persons u/s 199, 200, 406, 420, 465, 467, 468, 471, 120B IPC regarding a cheat to me of a big amount by forgery of my signatures, false documents, false-power attorny, false affidevit, false bank account etc . One main accused got bail from high court and other four got bales from session court. Charge-sheet is ready since from october but police did not file it so far because in January 2012, all accused persons got a reinvestigation of the case by SSP and are delaying to produce the charge sheet in court. With my original complaint, I attached a private signature expert�s report of my forged signatures which was get by me privately but in reinvestigation, police sent my signatures again to FSL for the verification which is still pending for report whereas there are so many other criminal offences in this case except the offence of forgery of my signatures.
Sir, now please help me to give the answers in detail (serial wise) of my some confusions/questions as:
1)Is there any time limit to produce the charge sheet in court like such cases/offences?
2)Will it be compulsory for police to produce the charge sheet in court even if police cancells the FIR in reinvestigation by compromise/without compromise?
3)Is there any power to police to cancell the FIR without compromise/by compromise or only court has the powers to cancell the FIR after a trial without compromise/by compromise?
4)Is it compulsory for police to wait till to get the report of FSL or police can put the chargesheet in court without/keep pending the report of FSL?
5)Which type of and how long of punishment is there in such cases/offences (cash fine/ imprisionment)?
6)How long trial court takes the time genarally in such cases/offences after starting the trial till order?
7)In case police do not produce the chargesheet in court, then in which court first of all can I move highcourt/sessioncourt/lowercourt?
8)Mention some other possitive/negative points.
3 Answers from Attorneys
there is a limit of 60 and 90 days depending upon the offence, to file the charge sheet. once the FIR is cancelled, there is no charge sheet. the police may file cancellation if no offence is made out after investigation. yes, the police may wait till CFSL order.
these are serious offence and punishment is also severe and the time for trial cannot be predicted. non production of charge sheet is no ground to approach higher court.
Here is in-line reply to your questions:
1)Is there any time limit to produce the charge sheet in court like such cases/offences?
No.
2)Will it be compulsory for police to produce the charge sheet in court even if police cancells the FIR in reinvestigation by compromise/without compromise?
Yes.
3)Is there any power to police to cancell the FIR without compromise/by compromise or only court has the powers to cancell the FIR after a trial without compromise/by compromise?
Only Court can accept a cancellation report made by police.
4)Is it compulsory for police to wait till to get the report of FSL or police can put the chargesheet in court without/keep pending the report of FSL?
FSL report may form part of the charge sheet.
5)Which type of and how long of punishment is there in such cases/offences (cash fine/ imprisionment)?
Punishment for the all the offences has been provided in IPC.
6)How long trial court takes the time genarally in such cases/offences after starting the trial till order?
There is no time limit prescribed. Trial depends upon production of evidence by both sides.
7)In case police do not produce the chargesheet in court, then in which court first of all can I move highcourt/sessioncourt/lowercourt?
High Court may be approached u/s 482 Cr. P. C.
8)Mention some other possitive/negative points.
You have covered broadly all the points.
Good Luck.!
1. No time limit.
2. Police are not bound to submit a charge sheet. They may submit a Final Report with Summary request.
3. Police have no power of cancelling any FIR.
4. Check concerned Police Manual for procedure of investigation laid down.
5. As provided by IPC or concerned penal laws.
6. No time limit.
7, Police are bound to submit a report one way or the other. Depending on nature of report, you need to decide further recourse.
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