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Author Topic: Can the case be suspended if the Police fails to file a chargesheet?  (Read 1317 times)

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Offline brianalmeida22

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Hello,
I was wrongly accused with section 295A of the IPC on the grounds of hurting religious sentiments, in the month of April.
It has been 90 days and the police has not yet filed a chargesheet, can the case be closed on the basis of lack of evidence.
Please help and advise me according to what you think would be best in this case.

Offline advjaibansal

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Re: Can the case be suspended if the Police fails to file a chargesheet?
« Reply #1 on: February 14, 2018, 04:59:05 AM »
Dear Sir,

Sometimes there is delay in filing the charge sheet, but it may filed at subsequent dates. It cannot become a grounds for closing the case but certainly inordinate delay will. If there is no evidence found against you during the investigation then police may close the case against you. rather than filing charge sheet, they may also filed closure report.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline kalaskarkk

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Re: Can the case be suspended if the Police fails to file a chargesheet?
« Reply #2 on: February 14, 2018, 05:32:42 AM »
Dear Sir,

The period of 90 days comes into play only when the accused is in custody and case law is as follows:

How to compute 90 Days for bail as per S 167 of CRPC in case of issue of body warrant?

http://www.lawweb.in/2016/01/how-to-compute-90-days-for-bail-as-per.html
Regards:

Kishan Dutt Kalaskar
Retd Judge and Advocate
No.74, 1st Floor, “Disley”  House,
Malleswaram, Bengaluru-560003.
Mob: 9686971935, 080-23461189
kalaskarnetra@gmail.com
Call me for clarification


 

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