Territorial jurisdiction-whether quashing of proceedings to be file before or after framing charges
yogesh
(Querist) 09 November 2012
This query is : Resolved
If challan has been filed by Police u/s 498-A/406 cases before the magistrate and date has been fixed for framing of charges. In such case if the Ld magistrate is not cognizance to take offense on the basis of its jurisdiction..In such case whether petition for quashing proceedings to be filed (u/s 482 CrPC ) before framing of charges or after framing of charges??
dev kapoor
(Expert) 10 November 2012
Hi Yogesh !
If you mean the Magistrate is inclined not to take cognizance on the ground that he has no jurisdiction and if thats right,he will return challan to police concerned for presenting before court of competent jurisdiction.Therefore there is no need to file 482 Cr.P.C. proceedings.Rest assured you hv the right to file proceedings,if only agrieved by the order passed by a competent court.
yogesh
(Querist) 10 November 2012
Thanks for reply, But here the challan has been registered and directions has been made for next date for framing of charges..Whether it is right to proceed u/s 482 for quashing of proceedings or wait till charges will be framed by trial court???
Because many says that proceedings cannot be quashed once the charges has been framed by trail court
adv. rajeev ( rajoo )
(Expert) 10 November 2012
File the discharge application immeditely, even on the date of framing charges you can file
dev kapoor
(Expert) 10 November 2012
Hi,
Never mind,charge framed or yet to be framed.Be precise & analytical in stating ur problem/difficulty.
Prcisely stating as soon as challan is produced in court,the case is fixed for hearing prosecution & defence.If the courts finds there are 'grounds' for proceedings again an accused,it frsames charge.If the accused pleads NOT GUILTY to the charge,trial commences with prtosecution evidence.
The word "grounds" is very important & meaningful.It includes jurisdiction to try as well.Thats it.
Regarding filing 482 petition,file only if some good criminal lawyer suggests otherwise dont waste time & money.If petition u/s 482 is admitted,it will take years together to decide the controversy.If trial commences it may culminate to acquittal in less time depending upon the efforts of ur advocate & acumen of the judge.
