Private complaint and framing of Charges
Advocate. Arunagiri
(Querist) 07 October 2010
This query is : Resolved
The police registered the case on a court direction. The police refered the case as civil in nature. The Magistrate allowed the protest petition and taken on file u/s 409, 420, 500 IPC and ordered notice to the accused. Copies served to the accused. The accused went for quashing before the High Court. The High Court upheld the act (fixing the date for framing of charges) of the trial court and dismissed the quash petition. The accused got transferred the case ( notice served to the complainant for the Transfer petition) to another court. Now the new Magistrate says that charges were not framed, it is his discretion to frame the charges after hearing the entire prosecution witness. Under the circumstances my doubts are:-
1. What are the procedures involved in framing the charges in this private complaint?
2. Whether the present Magistrate is having the right to over look the orders of the High Court?
3. Whether the accused can prefer quash petition before the High Court for the 2nd time?
Ajay Bansal
(Expert) 07 October 2010
SEE SECTIONS 244,245 AND 246 OF Cr.P.C.
Advocate. Arunagiri
(Querist) 07 October 2010
Whether the procedure u/s 240 Cr.PC is being followed in private complaints and 138 cases.
Advocate. Arunagiri
(Querist) 08 October 2010
Mr.Barman,
If 240 cr.p.c. is not followed in in private complaints and 138 cases, how the charges are framed in the Magistrate court.
Advocate. Arunagiri
(Querist) 11 October 2010
Still my 1st query regarding the framing of charges is not answered.
The magistrate had written post if further proceedings, after the supply of the copies to the acccused. After this the case was transfered to another MM.
what does it mean. whether the charges are framed are not.
Kumar Krishan Agarwal Advocate
(Expert) 08 October 2010
