Commencement of proceedings in court

Querist : Anonymous (Querist) 02 September 2011 This query is : Resolved
Sir

In respect of an FIR u/s 409, Charge Sheet was received by the Magistrate on 11.08.2010. Summons were served on accused and FIR and statements u/s 161 CrPC were handed over on 24.01.2011. Examination is posted to 29.11.2011 after about 5 adjournments so after handing over of FIR and papers. Whether the proceedings were commenced? Which is the exact date of commencement of Proceedings? If Judicial process in not completed by the Court, one year time is required to recommence domestic enquiry proceedings.

Please clarify.

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Advocate. Arunagiri (Expert) 02 September 2011
Commencement of proceedings started on 11.08.2010, When the charge sheet was received by the magistrate.

Guest (Expert) 02 September 2011
the cognizance of limitation will not apply to this case. face the trail on merits.

Devajyoti Barman (Expert) 02 September 2011
Now the time is ripe for framing of charge by the court.

ashok kumar singh (Expert) 02 September 2011
agree with the experts.

Raj Kumar Makkad (Expert) 02 September 2011
Charge has already been framed and case is now fixed for evidence of prosecution so prepare to cross-examine effectively in the light of latest law.

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