time limit for framing of charge
m.v.prabhakar
(Querist) 19 April 2010
This query is : Resolved
Sir
Facts:
1.FIR was registered during 1998.
2.Charge Sheet was filed in 2000/2001
3.No charges were made so far even after 12 yrars of FIR.
Querry
1. Is there any time limit for framing of charge under rule more so under Cr.PC.
2. Can Article 21 will be of any help.
3. Pl. provide some apex court judgements to consolidate my position.
Pl. provide the details. I shall be obliged.
Regards
Prabhu
Raj Kumar Makkad
(Expert) 20 April 2010
Can you first provide the detail leading non-framing of charges?
It is a strange matter. I cannot believe that without any reason such historical delay has been occurred on the part of judicial magistrate.
You obtain the order-sheets of the case from the day of filing the charge-sheet till to date and forward the same to Chief Justice of your High Court. I think almost all judicial officers who conducted proceeding of your case during these years shall have to face serious consequences of this major lapse.
I again request to please obtain full facts and post this query again otherwise it is one of the most serious issues of the judiciary.
Bidhan Dave
(Expert) 20 April 2010
You have to give sections under which FIR is filled. If FIR is not pertaining to economic offence, in that case you can take help of judgment of supreme court on speedy trial & can get acquittal. If delay is caused because of you, in that case you can not get benefit of the Apex Court Judgment.
m.v.prabhakar
(Querist) 20 April 2010
Sirs
Proposed charges as per Charge Sheet are 120B,420,467,468 and 13(1)(d) of PCA.
The delay is not attributable becasue of me. Around 45-47 hearings has taken place before four CBI judges in the past 12 years. No specific reasons are there for delay. In 2008 when I went for quashing to HC, HC had directed the LC to settle the issue in the next date given by LC.
The issue got twisted when the Spl. judge included the company as new accused. The company was shut down and no one was available to serve. We had pointed out that A3 is the CMD of the company and he can be best AR for the company. Further twist on the issue was that A3 councel mentioned that winding up petition was made in the court by some creditors and the liqudator was appointed by the court in 2003 and confirmed further during 2005 on the apeal by the company. We had argued that no purpose is served by including the liqudator.
Best part of the case is that no money is payable/Receivable on the date of charge sheet.Entire money was settled in yet another civil suit for the recovery.
Hope I had given complete clarity on the case.
Pl. give your advice.
Regards
Prabhu
