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mukesh (Prop.)     09 March 2010

Summons after 11 months

I had been arrested an 28.04.2009 under Section 153"A" of IPC 1860 and Section 127 A RP Act 1951 on 28.04.2009. I recived the bail after 2 days. I had given few attendence to P.S. thereafter but since the herresment of the police I requested the court to relex the attendence procedure.

After the election results no police enquire me about the case I felt that the case was dropped after the election as these cases are common during the elections.

But, on 7.3.2010 i recived the summon fron the court for the case hearing on 26.4.2010.

After getting the details from the court I came to know that the charge-sheet was filed on 16.01.2010.

Is there any time period for the chargesheet.  What should i do now.

Please help,

Mukesh



Learning

 2 Replies

Prakash Yedhula (Lawyer)     09 March 2010

There is no time limit as such. You need to face the trial.

Shrikant R.Gadade (Advocate)     10 March 2010

Section 153 of I.P.C. Want only giving provocation with intent to cause riot--if rioting be committed: if not committed.-Whoever malignantly, or wantonly by doing anything which is illegal, gives provocation to any person intending or knowing it to be likely that such provocation will cause the offence of rioting to be committed, shall, if the offence of rioting be committed in consequence of such provocation, be punished with imprisonment of either descripttion for a term which may extend to one year, or with fine, or with both, and if the offence of rioting be not committed, with imprisonment of either descripttion for a term which may extend to six months, or with fine, or with both. 153A. Promoting enmity between different groups on ground of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony.

Section 153 of R.P.Act Disturbance at Election meetings.

During Trial your Advocate needs to prove that neither u gave any provocation to cause roit or u created any disturbance at Election meetings& all this is done to u only due to political Revery& to disprove any such evidence against u if u are within the defination as i mentioned in both the section,then u r Acquital is 100%.dont worry be Happy.

In general within 60 days considering u r Case because punishment of u r offence is up to 3 years or finr..,but There is no time limit to Investigating machinory to file Charf-Sheet. You need to face the trial.

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