Trial is on without recording plea in a private case.what remedy?
AMAR RANU
(Querist) 31 July 2012
This query is : Resolved
In a private criminal case u/s 406 of IPC,trial is going on for the last over 6 years.
Plea of the accused u/s 251 of Crpc was never recorded.
In the light of the above,what is the legality of the trial?
Can it be quashed on the basis of non-recording of statutory plea?
What is the ultimate remedy?
Authorities in support of remedy please be cited,if available,and the same shall be highly appreciated.
Devajyoti Barman
(Expert) 31 July 2012
Ask the court to fix the date for recording plea positively failing which the court can issue warrant of arrest.
AMAR RANU
(Querist) 01 August 2012
Answer is sought as to whether quashing can take place on ground of non-recording of plea.
As per aforesaid section 251 of Crpc,no plea can be recorded after the trial was set in motion.
Plea recording in a private case is a pre-requisite to set the trial in motion.
