Appeal in high court against framing of charges in district court
rahul
(Querist) 05 July 2014
This query is : Resolved
whether one can appeal in High court against framing of charges in session court? what is the probability of accepting such appeal in high court? plz advise.
R.K Nanda
(Expert) 05 July 2014
state real facts.
rahul
(Querist) 05 July 2014
sir, a case has been registered u/s 120(b), 307, 326 against my relative. the charges has been framed against 2 a/p in/c my relative. the principal accused managed to get bail from high court. whereas, my relative did not get bail yet. he is in j/c for last 140 days. now charges has also been framed under same sections by district session court against both of the a/ps. the principal accused has now filed a stay petition in the high court against the order of session court ( framing of charges in various sections). the witnesses are summoned from july 10th. therefore I wanted to know whether such appeal/stay petition is legally valid or not? without listening the other parties can high court directly relieve at this stage the principal accused from any or all charges? can my relative object the move in high court legally? what are the legal options? there are witnesses that my relative was forcefully intoxicated and became victim of the conspiracy. plz suggest...
Devajyoti Barman
(Expert) 05 July 2014
HC can grant stay at he admission stage. If you are aggrieved apply for vacating the same.
Apply for bail u/s 439 crpc from HC.
Rajendra K Goyal
(Expert) 05 July 2014
Consult some senior lawyer and show him the case file.
High court can grant stay.
rahul
(Querist) 05 July 2014
sir, my relative already applied for bail in high court. but high court declined bail stating that charges has been framed and it is at trial stage in session court. now my relative is in a critical situation where he is not in a position to prepare for defending his case in session court and on the other side the principal accused is trying to escape trial in session court by such stay petition in high court. we don't know what is the way out? at least we want the truth to come out in trial.
Devajyoti Barman
(Expert) 05 July 2014
Ask the HC to pass direction for expeditious trial of the case.
rahul
(Querist) 05 July 2014
thank you sirs for kind suggestions...
rahul
(Querist) 08 July 2014
sir, the high court refrain to interfere the present trial in session court and asked the session court speedy trial with certain instruction to ensure safety of witnesses. first of all to record statement of victim and to send the same to high court. hence, at least now the principal a/p on bail has to face trial against the charges framed. thank you all for kind and valuable suggestions.
