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Frequently Asked Questions
Criminal Charges
Criminal charges are filed by a prosecutor because they believe that they can prove their case, but the judge or jury may not agree with them. ... A dismissal is usually based upon insufficient evidence for the case to continue. There are a number of reasons for charges to be dropped in a criminal case.
Once the FIR is lodged the police are legally bound to start investigating the case. After the investigation is complete, the police will record all their findings in a 'Callahan' or charge sheet. If it is believed that there is enough proof on the charge sheet the case goes to court.
FIR can be quashed under Section 482 CrPC even after filing of a charge sheet, Supreme Court. The Supreme Court has held that High Court's power under Section 482 of Code of Criminal Procedure, 1973 can be exercised to quash an FIR even after the filing of a charge sheet.
A charge sheet is a document drafted by the police and submitted in a judicial court, listing out the various laws violated by the accused and how the violation was detected. A charge sheet is put up before a court so that it can be used in a trial, and the judges can decide whether the accused are guilty or not.
The time limit to file charge sheet is related to arrest of the accused in the case. The charge sheet is to be filed within 60 days from the date of arrest of the accused in cases triable by lower courts and 90 days in cases triable by Court of Sessions.3.