When a criminal process can be challenged?
AMAR RANU
(Querist) 14 March 2015
This query is : Resolved
Recently, a trial court and an appellate court,in revision,has dismissed a discharge application,filed in a summon triable case in section 500 of IPC case of 2006.
The said process is not maintainable and it is without jurisdiction also.
Both the said courts have refused to see the merit of the discharge application,filed by accused and have concluded that since plea has been recorded,discharge can not take place.
Whether it is possible now to challenge the said process itself before High Court,which was issued in 2006?
Any limitation or other technical issues,which may crop up because except for plea recording,nothing has progressed in the trial court so far.
Devajyoti Barman
(Expert) 14 March 2015
The order passed in 2006 can not be challenged after expiry of 9 years.
Rajendra K Goyal
(Expert) 15 March 2015
Full case file need to be referred, consult local lawyer.
T. Kalaiselvan, Advocate
(Expert) 17 March 2015
at this belated stage, you may apply for speedy trial of the pending case if there is no progress in the case after that and challenge the case in trial.
