498a false case has been registered by ex wife 498a false case has been registered by ex wife

2 months ago

498a false case has been registered by ex wife oct 3 rd last year still charge sheet is not filed what will happen now

Anik

Responded 2 months ago

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A.Dear Client,
In a situation where a false 498A case has been registered, and a considerable time has passed without the filing of a charge sheet, it's crucial to remain vigilant and take appropriate steps. You can consider consulting with your legal counsel to understand the status of the investigation. Sometimes delays can occur due to various reasons such as the workload of law enforcement agencies or the complexity of the case. Your lawyer can guide you on filing applications for an expedited investigation or seeking anticipatory bail if required. It's essential to maintain all relevant documents and evidence that can help establish your innocence in the case. Keep communication lines open with your legal representative to stay informed about developments and take appropriate action based on their advice.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 2 months ago

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A.Dear Client,
Once an FIR u/s 498A is filed in a police station, an IO is appointed to investigate the matter, see the allegations and prepare a chargesheet within 90 days of the FIR and submit it in court. Normally police take a lot more time than 90 days and they give all kinds of reasons for the delay. A charge sheet is to be filed within 60 days from the date of arrest of the accused in cases triable by lower courts and 90 days in cases triable by the Court of Sessions. If the charge sheet is not filed within the prescribed time mentioned above, according to section 167 of the Criminal Procedure Code (CrPC), an accused will be entitled to default bail if the investigating agency fails to file a charge sheet within the prescribed time limit from the date of remand.
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