Legal Question in Criminal Law in India

Hello All,

(I am sorry if reposted as, last time it gave me an error on the website)

Myself and my parents are falsely dragged into a 498-A case. Since a year and a half now, there is no chargesheet of my name is being produced to court (for my parents it is there with court). Also, the girl has just filed an FIR and never turned again. It's the police station that is running the case against us.

We have already taken the anticipatory bail. The girl is at her parents place since a year and a half and we did not have any communication, since then. My queries are:

1. Can Police run the case against us as such?

2. Does not having my chargesheet so long will not cause the case to be dismissed atomatically.

3. What should be my next step to come out of this case?

4. Is there a legal procedure to get all the documents of case from the court and use as evidance in case the documents are changed now?

I would be very greatful to you if you can clarify these queries. Also please provide your contact details(Mumbai/Thane) for communication in person.

Thanks again in advance.


Asked on 12/07/09, 3:33 pm

4 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

You may better follow up with your counsel engaged for the purpose, to avoid any contradictions.

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Answered on 12/07/09, 8:47 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

if it is a state case the complainant being state the police can run the case. depending on facts and circumstances you can get the case quashed u/s 482 crpc from high court. you can apply for certified copies of documents from the court.

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Answered on 12/07/09, 11:55 pm
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

advantage of delay in filing the charge sheet can be obtained only in case where the accused is in custody. otherwise an inordinate delay in filing charge sheet can benefit the accused in the longer run. the girl would be called for evidence only when the charge sheet is filed. in case no offence is made out in f.i.r., u may approach the HC for quashing.

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Answered on 12/08/09, 12:06 am
Shrichand Nahar S.V.Nahar, Advocate

1. Police only investigate and submit report. Case is conducted by court. There is no concept known as 'run the case.

2. No.

3. Proceed with the case with aim of acquittal.

4. Yes. It is offence of Forgery and Perjury.

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Answered on 12/08/09, 12:17 am


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