Challenging charges framed
Tashi Norbu Basi
(Querist) 07 September 2012
This query is : Resolved
Dear sirs,
My situation is such:-
JM court framed charges u/s 420 IPC.
Revision was filed in Sessions court and the charges framed was upheld by Sess Court.
My queries are:-
1. I file u/s 482 CrPC but what do i write in the cause title? "Petition for quashing order by JM framing charges u/s 420" or "Petition for quashing order of JM and also order of Sessions Judge".
2. More than 3 months have passed since order by Sessions Judge - will this affect my 482 petition - is there any limitation for filing 482 petition?
3. What if the 1st PW has already appeared before the Court but the process of taking his evidence has still not started? Can I file my 482 under such circumstances.
4. What if the JM court has started evidence of PWs and 1 or 2 PWs have already deposed in court. Can I still file a 482?
5. When is a trial deemed to have started ? Is it at the time:-
(i) when 1st PW starts to give evidence in court,or
(ii)when Judge passes order for issue of summons to 1st PW, or
(iii)when the 1st PW appears before Court?
My sincere thanks in advance to all of you, thank you.
PARTHA P BORBORA
(Expert) 08 September 2012
You have to chalange the original order passed by the judicial magistrate not the sessions judge.
If there is sufficient reasonable ground to explain your delay you can still file it, at any stage of the trial.
Trial starts after completion of the appearance of the accused before trial court.
