Lawfarm Team
Asked June 29, 2016

False allegation of Rape

  • 1 Answer

There is a criminal case pending. I am charged with 376 and 377. This is a bogus case (filed by an old friend). I am out on bail But my whole life is stuck and full of anxiety and worry. I want to be done with the case. But the Investigating officer is just not filing the Chargesheet. It has been more than 14 months now. My lawyer says there is nothing that we can do. My life is messed up. I could not find a proper job, could not leave Mumbai, could not be truly free. I want my case to start fast. Is there anything I can do ? Atleast to expediate the chargesheet process.

Answer 1

There is no statutory provision available which can compel an Investigating Officer to file the charge sheet within a reasonable time period. Meanwhile you can avail the following remedies An application can be made privately to the Magistrate under section 156 (3) of Cr.P.C. Under this Section, the magistrate can order the officer to complete the investigation and to conduct the sam efficiently. An application can also be made to the Supritendant of Police of the police station requesting him to file the charge sheet as soon as possible and asking the reasons for such delay. You can also file a writ petition before the High Court under section 482 of Cr.P.C and request the High Court to use its inherent powers to hear you case. Under this Section the High Court has the power to and examine the circumstances and give an order to the Police to ensure speedy disposal of a case. The only concern is that under this Section 482 of the Act, the High Court must be satisfied that the provisions of the Code will ineffective or that the process of any court would be abused or that the ends of justice would not be secured. Only when the High Court is satisfied on these points will it excersize its power under Section Section 482 of this Code. It is therefore advised that you must try to file a compliant under Section 156(3) of the Code before appearing before the High Court.
Agree Comment 0 Agrees over 5 years ago

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