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N.K.Assumi (Advocate)     22 December 2009

Magistrate framing charge despite statutory Bar for Cognizan

If Magistrate frame charge against the accused despite Statutory Bar for taking Cognizance by an Act of the Legislature, what option will be the best for the accused.



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 5 Replies

Swami Sadashiva Brahmendra Sar (Nil)     22 December 2009

The accused may file revision before the sessions judge or high court or an application before high court for auashing of proceedinds.

Swami Sadashiva Brahmendra Sar (Nil)     22 December 2009

kindly check , if Cr.P.C. is applicable to the concerned area !

N.K.Assumi (Advocate)     22 December 2009

Thank you very much and nice to hear from you. Yes, CrPc is applicable.

MOHANA SUNDARAM (Advocate High court Madras. M-9840908555)     23 December 2009

it is a clear ultra vires and i agree with Tripathi sir

Nali Seshu Kumar (SOCIAL WORKER)     16 January 2010

approach the higher forum for "discharge".


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