PLEA OF BARGAINING
Arvind Singh Chauhan
(Querist) 25 October 2009
This query is : Open
Sir,
Whether magiatrate can refuse to accept an application under newly added chapter plea of bargaining under the disguise that court have no such notification. Whether it's application requires specific notification by concerned High court or state govt, despite being a central amendment act. Is there any such clause in this chapter.
The matter is from Uttaranchal. Please tell me,What way I should adopt.
PJANARDHANA REDDY
(Expert) 25 October 2009
IF ACCUSED IS FIRST TIME IN THE OFFENSE WANT TO PLEA-BARGAIN HE CAN DO SO, THE MAGISTRATES , GENERALLY WELCOMES THE STEP
IT IS APPLICABLE TO ALL OVER THE COUNTRY (EXCEPT J&K)
Kiran Kumar
(Expert) 25 October 2009
its strange that Magistrate has given such a decision, the provisions are already in force in Uttaranchal as well.
there is no specific notification is required by the state govt. in this context.
read the relevant provisions like S.265B of Cr.P.C the expression used is SHALL...so magistrate is in fact bound to act upon the application.
you should file a revision against the said order.
Anish goyal
(Expert) 25 October 2009
Strange order passed by magistrate.
Prakash Yedhula
(Expert) 25 October 2009
See the Article about plea bargaining at
http://www.lawyersclubindia.com/articles/article_list_detail.asp?article_id=1488
