7 years charge not framed.

Vivek (Querist) 03 March 2014 This query is : Resolved
i have a 498a on me filed march 2007 after getting court order us 156(3).

7 years later the deficient copies of the FIR are still awaited , the IO changed and Charges still not framed.

is there a chance of relief or wait for this process to take its own cours of time.

i have both the options for 239 as well as 482 , can i excersise both at the same time in respective courts.

please guide.

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adv. rajeev ( rajoo ) (Expert) 03 March 2014
First you go for 239 in the present court, if it is dismissed then approach the high court u/s 482

Rajendra K Goyal (Expert) 03 March 2014
Agree with the expert adv. rajeev (rajoo).

R.K Nanda (Expert) 03 March 2014
agree with experts.

Vivek (Querist) 03 March 2014
Thanks Experts.

if i go for discharge and loose then i need to go for 482. ? or , i can also go for 482 at the same time of going for discharge ? since grounds of discharge as well as quash as well as courts are different.

in case of a discharge , since the chargesheet is filed will it be a negative impact on my case.?

7 yrs time and charges still not framed , is it a beneficial for me in case of discharge as well as Quash ?

is it normal that framing of charge takes 7 yrs in a 498A ?

Devajyoti Barman (Expert) 03 March 2014
You can choose either of the two.

Vivek (Querist) 04 March 2014
7 yrs charges yet to be framed, is it normal or in some way beneficial for me .

Guest (Expert) 04 March 2014
Your Advocate could file a petition for acquittal in the case where the Charges were not framed.Delay in filing the Charges are always beneficial to the accused

Sudhir Kumar, Advocate Online

(Expert) 13 April 2014
nothing more to add

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