• Theft investigation timeline and chargesheet

My bag containing valuables (including iPhone) worth Rs. 1 lakh have been stolen from a swimming complex on 7th May 2017. Through nearby CCTV footage (no cameras at actual place of theft), I have identified a group of 3 suspects (who were carrying 1 bag before I arrived and later seen carrying 2 bags outside) and provided their names, contact numbers and actual addresses to the investigating officer (IO). I have a few questions:-

1) What is the maximum possible timeline for the police to close the FIR (opened on 7th May)?
2) IO communicated that they have questioned the 3 suspects but they haven't committed this act. I sincerely doubt that the IO has questioned the 3 suspects as the IO could not answer some basic questions from me regarding the theft. What are my options in this situation to ensure the suspects are questioned and questioned properly?
3) Does the police have to submit a chargesheet and what is the timeline for the same?
4) Can I take any actions to expedite the investigation? (IO said he's placed the mobile on tracking through IMEI and they have even found my phone (around 20 June) but it's now been sent to the lab for confirmation of IMEI if it's my phone as the phone is badly damaged i.e. screen broken and is not being switched on. They have not shown the phone to me) Now again I sincerely doubt if they have found my phone or just trying to buy time as I have visited the police station multiple times to talk about the progress in this case with the Investigating Officer.
Asked 7 years ago in Criminal Law
Religion: Sikh

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4 Answers

1) police are overloaded with cases . hence it takes time for police to complete investigations

2)if police claim to have questioned the 3 suspects request IO to show statement recorded of the suspects

3)on completion of investigations police have to submit charge sheet to the court

4) if IO is not carrying on investigations complain to Commissioner of police against the tardy pace of investigations

Ajay Sethi
Advocate, Mumbai
97333 Answers
7865 Consultations

1. If they could not recover the articles from them or gain admission of theft from them,the FIR would be closed.

2.If you have suspicion on the mode of investigation you can allege inaction to the higher officials against the IO so the investigation is handed over to another IO.

3. There is no time limit for submission of charge sheet.

4.Meet his boss with complaint of tardy progress on investigation, it may pay result. Otherwise file writ petition in high court.

Devajyoti Barman
Advocate, Kolkata
23300 Answers
520 Consultations

1. The police will not close FIR. The FIR is already in the court

The IO will submit charge sheet once he completes the investigation.

2. If you are not satisfied with the police investigation report then you may file a petition for reinvestigation before the trial court

3. Normally it is 90 days but the police may take more than six months

4. If it is delayed inordinately then you may file a petition seeking direction for expeditious trial

T Kalaiselvan
Advocate, Vellore
87534 Answers
2349 Consultations

Hello,

1. There is no maximum or minimum time for filing the charge sheet/ FR. Generally charge sheet is filed within 60 days of filing of the FIR, however if the charge sheet is not filed then the accused has the right to get bail.

2. That you can confirm after seeing the case diary if the IO allows you to do so.

3. Answered already, and the police might also file Final report.

4. Yes you can, you can either approach the High Court to get the process expedited (however it is too early to do the same), alternatively you can also contact the higher authorities if your are not satisfied with the investigation and want some other police official to investigate your case.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

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