State case under ipc 326/324/506 etc witout chargesheet
arunkumar
(Querist) 21 November 2012
This query is : Resolved
A state case filed under above section in chief Jmfc in 2001 and now the case has come for hearing.It is found that the charge sheet is not filled and also the medical certificate of the witness is not there.the police report is there to amend the chrge from 324 to 326ipc.what is the advatage to the accused for his defence.how the proceding continued for 10 years without these documents.experts please give your opinion.
Guest
(Expert) 21 November 2012
Go for quashing. Inordinate delay in the trial is one of the grounds for quashing.
Ashish Davessar
Advocate
Supreme Court of India
Punjab and Haryana High Court
Raj Kumar Makkad
(Expert) 21 November 2012
If medical evidence is not there, the charge cannot be amended and moreover the reasons might have been inserted in the order sheet of the case so better to go through order sheet rather to make us in speculation.
