Plea recording after six years
AMAR RANU
(Querist) 02 January 2012
This query is : Resolved
In a criminal private case u/s 500 of IPC,a plea of the accused was recorded by the Metropolitan Court after the expiry of six years whereas as per section 251 of Crpc,it is mandatory that in a summons case, the plea should be recorded when the accused appears or is brought before the Magistrate,which means on first attendance of the accused in a criminal court after receipt of court summons.
In the light of the above,what is the significance and legal validity of such a plea recording after the expiry of 6 years when the accused,who is party-in-person and has been appearing before the aforesaid court regularly for the last over 6 years.
It is a vital law point and the same is thrown open for discussion/opinion for the esteemed experts of this open forum.
Devajyoti Barman
(Expert) 02 January 2012
The accused without wasting any time should file a case for quashing in the high court.
The chances are there but most likely the high court fix a time frame to dispose of the case.
V R SHROFF
(Expert) 02 January 2012
Eye opener : how negligent the courts are??
I had one case at Kurla Court,[Mumbai] and the Court was vacant for three years, and no plea recording, no cr case trial until cases transferred to Vikhroli court after few years.
No one took any initiative to do needful.
AMAR RANU
(Querist) 02 January 2012
Quashing on the basis of abnormally delayed plea recording?
We must have some credible authority/citation in support of it.HC has to be convinced.
Please explore it further...it may help similar cases as suggested by learned friend Mr.Shroff.
Raj Kumar Makkad
(Expert) 03 January 2012
It is the prerogative of the accused when to get his statement recorded for plea bargaining. No court can force him to admit the relief rather the accused can decide his own course and in the given case there is no delay accordingly.
Ignorance of law is no excuse so no benefit is going go be in favour of the accused person if he approaches to high court on the ground that he was not given a chance to get his statement recorded as this is his duty to approach before the trial court.
AMAR RANU
(Querist) 03 January 2012
Mr.Raj Kumar has not understood the crux of the issue.
It is not plea bargaining.
It is plea recording u/s 251 of Crpc.
Please re-read the aforesaid main question,which is self-explanatory.
prabhakar singh
(Expert) 03 January 2012
Then for that you have already been properly and appropriately advised by Mr.Barman.Make your own search on 'indiakanoon' as you are well acquainted with facts then you can get more relevant case.
Shonee Kapoor
(Expert) 07 January 2012
I agree with Ld. Mr. Barman.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
