Asked August 15, 2016

Time line for 498A and notice to the accused

  • 1 Answer

498a case been filed my wife against me. I would like to know what is the time limit for filing chargesheet for the same? On the Police website, online status of FIR shows: Final Report/Chargesheet prepared. so when do I get to know chargesheet been submitted to court?

Answer 1

When the investigation is complete the police are required to submit a report under sec 173 of  the Code of Criminal Procedure (CrPC) to the Magistrate. This report is known as ‘charge sheet’  or ‘challan’.  The investigation is to be completed without any unnecessary delay, under Section 173 (1) But there is no specific  time limit mentioned under sec 173 CrPC for filing of charge sheet. If the charge sheet has been  prepared but not yet filed then you can inquire from the court as to the status of the charge sheet.   A combined reading of sec 173 clauses (5) and (7) gives the idea that after the charge sheet has  been prepared then you should also be given a copy of the same.    Therefore, the only recourse you have is to inquire it from the court and if it has been submitted  in the court then you can ask for a copy of it.  

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