Criminal trial
Hari Om Maheshwari
(Querist) 15 April 2012
This query is : Resolved
1. MM passed an order on CHARGE in detailed 4 page order, holding the accused guilty and fixed a date for actual framing of CHARGE. No revision was filed against this order.
2. Charge was actually framed two yreas after the order on charge ?
3. In revision, the accused challenged the CHARGE within limitation from the date of CHARGE. However, in revision, the attack was on 1st order, i.e. order on charge. The first order was passed by a different MM and the 2nd order was a different MM but in revision every content of 1st order was attributed to the 2nd MM.
4. Whether the revision is within limitation ?
Shonee Kapoor
(Expert) 15 April 2012
No, the revision is not within limitation.
The charge should have been challanged and not the order of framing charges.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh
(Expert) 15 April 2012
More over you have not stated the respective dates of order so that one may be able to test the limitation point.Two MM s may get changed even in a 3days and two orders as said may be passed with in that span of time.
Raj Kumar Makkad
(Expert) 17 April 2012
The revision seems beyond limitation though it can be got condoned under section 5 of Limitation Act.
