Legal Question in Criminal Law in India

i got in a trap case by cbi u/s 7 pc act.It had been 4months and no chargesheet issued also i am falsely implicated and its a false case .Should i approach to high court for quashing the fir or wait for cbi to file chargesheet?.Also i am suspended from last 4 months at ground of 48 hours judicial custody(i was enlarged on bail after 24 days) also i am at joint sety. equivalent post should a approach to reinstate me (no disciplinary action taken also my suspension not reviewed after several representations)


Asked on 10/26/14, 5:48 pm

1 Answer from Attorneys
Rohan Nahar Nahar and associates

Non filing of charge sheet will not be a ground for quashing. There is no outer limit of period of investigation. Period provided for U/s 167 (2) is only for the purpose of setting a person free from JC, if no charge sheet is filed in time.

So far as your suspension is concerned, you would need to move the Administrative Tribunal concerned against inaction of your department on your representations. If there are intrinsic problems with the case of the complainant viz. there was no work he had with you or the work was already over etc, you can make a representation to your superior while he considers sanction to prosecute.

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Answered on 10/28/14, 7:16 am


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