Chargesheet delayed
3 weeks ago
I and my family are accused in 498A 406 323. After CAW cell proceedings, FIR was filed on 9 jan 24.we have been there 5-6 times. No arrest has taken place yet. It's a false case. They have no evidence of dowry, torture etc. We surrenderd the furnitures to police. Now police is saying they will not file the chargesheet. Can they do this. Can I raise a complain to sp city or somewhere. What should I do. I want chargsheet registered so that police stop harassing us.
A.Dear Client,
Under Section 156(3) of the Criminal Procedure Code, a complaint can be filed before a Judicial Magistrate, who can then order the police to conduct an investigation. In such cases, the police cannot refuse to file an FIR, triggering an investigation. If falsely accused, individuals can seek the quashing of the complaint through a petition before the High Court under Section 482 of the Code of Criminal Procedure, 1973, which grants the High Court inherent power to interfere with proceedings to secure justice. The landmark judgment in Arnesh Kumar v. State of Bihar (2014) addressed concerns over the misuse of Section 498A IPC, emphasizing the importance of thorough police investigations before arrests to prevent harassment of innocent family members.
Under Section 156(3) of the Criminal Procedure Code, a complaint can be filed before a Judicial Magistrate, who can then order the police to conduct an investigation. In such cases, the police cannot refuse to file an FIR, triggering an investigation. If falsely accused, individuals can seek the quashing of the complaint through a petition before the High Court under Section 482 of the Code of Criminal Procedure, 1973, which grants the High Court inherent power to interfere with proceedings to secure justice. The landmark judgment in Arnesh Kumar v. State of Bihar (2014) addressed concerns over the misuse of Section 498A IPC, emphasizing the importance of thorough police investigations before arrests to prevent harassment of innocent family members.
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A.Dear Sir,
When Police are saying they are not going to file charge sheet then you should be in good books with them because they can file B Report saying that it is a family matter and civil in nature and there is no material to file charge sheet.
When Police are saying they are not going to file charge sheet then you should be in good books with them because they can file B Report saying that it is a family matter and civil in nature and there is no material to file charge sheet.
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A.Dear client,
In the given scenario, a complaint under Section 156(3) of Cr. PC can be filed before the Judicial Magistrate who may then order the police to conduct an investigation. This time, the police cannot disregard or refuse to file an FIR, which will trigger an investigation. To address a false complaint filed against you, you can seek its quashing through a petition before the High Court under Section 482 of the Code of Criminal Procedure, 1973. Section 482 C.R.P.C provides inherent power to the High Court to interfere with proceedings of the subordinate court and quash of FIR to secure the end of justice. In the landmark judgment passed in the case of Arnesh Kumar v. State of Bihar (2014), the Supreme Court of India addressed concerns regarding the misuse of Section 498A IPC. The court acknowledged that innocent family members were often being roped into cases without any concrete evidence. The court emphasized the need for the police to conduct a thorough investigation before making arrests, to avoid unnecessary harassment of the accused. Reach out to an Advocate experienced in criminal cases for guidance and steps.
In the given scenario, a complaint under Section 156(3) of Cr. PC can be filed before the Judicial Magistrate who may then order the police to conduct an investigation. This time, the police cannot disregard or refuse to file an FIR, which will trigger an investigation. To address a false complaint filed against you, you can seek its quashing through a petition before the High Court under Section 482 of the Code of Criminal Procedure, 1973. Section 482 C.R.P.C provides inherent power to the High Court to interfere with proceedings of the subordinate court and quash of FIR to secure the end of justice. In the landmark judgment passed in the case of Arnesh Kumar v. State of Bihar (2014), the Supreme Court of India addressed concerns regarding the misuse of Section 498A IPC. The court acknowledged that innocent family members were often being roped into cases without any concrete evidence. The court emphasized the need for the police to conduct a thorough investigation before making arrests, to avoid unnecessary harassment of the accused. Reach out to an Advocate experienced in criminal cases for guidance and steps.
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