charge framing
Dr. Tushar Nehete
(Querist) 05 June 2014
This query is : Resolved
In one case in trial court charges were framed without production of evidence even b4 ebc stage blindly on the basis of allegations made in d complaint. Then prosecution applied to d court that it wants to file a revision petition in higher court to get those charges framed cancelled. But prosecution did not apply to higher court & instead produced evidences in d trial court, after ebc some charges were framed without cancellation of earlier framed charges. The accused filed revision petition against it. In my opinion d accused should get discharge as CrPC was not followed & courts cannot fill lacunae left by prosecution.
Experts, ur comments, opinions, case laws r invited & r most welcome.
Thnx.
Nadeem Qureshi
(Expert) 05 June 2014
Dear Querist
What are the grounds on which the prosecution wants to file revision?
whether the trial court left some section at the time of framing charge??????
the accused should fight the revision petition on merit and argue the matter on merit and not for this lacunae
Sankaranarayanan
(Expert) 05 June 2014
First give details to Sri Nadeem,s question
Rajendra K Goyal
(Expert) 05 June 2014
The contents and relief sought in the revision petition by the accused need to be referred along with the case file. Please consult local lawyer expert in criminal cases.
Raj Kumar Makkad
(Expert) 08 June 2014
Revision might be containing the relevant lacenaes of the judgment so rely upon your lawyer.
