Cr.P.C. U/S 244

D S DOCTOR (Querist) 25 December 2010 This query is : Resolved
CAN ACCUSE ENTILE TO GET EVIDENCE WHICH WILL BEFORE THE FRAMING OF CHARGE IN WARRANT TRAIBLE CASE INSITUE ON OTHER THEN POLICE,PL PROVIDE JUDGEMENT OF APEX COURT

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Yamalapalli Haribob (Expert) 25 December 2010
No.An accused is not entitled to give evidence before framing of charge .

Kirti Kar Tripathi (Expert) 26 December 2010
agree with expert.

Advocate. Arunagiri (Expert) 26 December 2010
I differ.

If the case is instituted on other than police, the magistrate is having the option of the hearing all the evidences and frame the charges.

So, the accused is having a chance before framing of the charges.

Ajay Bansal (Expert) 27 December 2010
NO. AS CITATION OF FULL BENCH OF S.C. IN CASE SOMNATH THAPA V/S STATE OF MAHARASTRA,IN ANY TYPE OF CRIMINAL CASE[POLICE CASE OR COMPLAINT CASE], THE ACCUSED HAS NO RIGHT TO LEAD ANY EVIDENCE IN ANY WAY AT THE TIME OF CHARGE.

Arun Kumar Bhagat (Expert) 31 December 2010
What is the meaning of GET EVIDENCE ? Pre- charge cross examination is permissible.

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