Charge under unlawful assemble
surjit singh
(Querist) 31 August 2012
This query is : Resolved
In a criminal matter initially the FIR was registered on non bailable section, subsequently the charge-sheet was submitted in bailable sections. At the time of taking the cognizance by the CJM out of 6 persons 2 were exonerated at the cognizance stage. When the matter came up for charge it was pointed out by the counsel that since there is only 4 person in the case so the question of unlawful assembly does not arisen. It is really surprising to see that the trial court refuse the entertain the argument on the ground that the cognizance has already been taken in this section by the CJM.
The matter was taken up in the High Court by one of the accused and the counsel in the High Court was not able to place the case properly and the High Court ordered as under.
"Learned counsel for the petitioner submits that charges have already been framed in this case. This case according to the counsel for the petitioner, arises out of a land dispute. In fact there is no firing etc. and, therefore, cognizance has been taken under Section 307 of the Indian Penal Code on 28.11.2007. It is further submitted that Section 380 of the Indian Penal Code is not applicable in a case where there is admitted land dispute.
Since charges have already been framed and trial has begun, this application has become infructuous.
In the result, this application is dismissed as infructuous"
The cogizance was not taken under section 307. The case relates to 2005, the charge was framed in Jan 2008, since then summons were issued to the witnesses with reminder and till date non of the witnesses turned up before the court. The accused are attending court of each date.
What is the next remedy available to the accused. CAN ANY OTHER ACCUSED IN THE CASE APPROACH THE HIGH COURT AGAIN FOR QUASHING.
Devajyoti Barman
(Expert) 31 August 2012
What is the need?? Even if they succeed only one section would be deleted, not the whole proceeding.
Concentrate on trial.
surjit singh
(Querist) 02 September 2012
Whether the trial can be closed as for the last 7 years not a single witness has turned up for deposing witness inspite of repeated reminders by the court. The accused are attending the court on each and every date since the framing of charge in 2005.
Raj Kumar Makkad
(Expert) 02 September 2012
You should insist the court to provide the prosecution last opportunity to bring the witnesses otherwise to close the evidence.
