When can one force court to start hearing?
Querist :
Anonymous
(Querist) 12 April 2011
This query is : Resolved
One of my friends was charged for rioting in 2003. He was not at all involved in the act, he was just standing over that place to know what was happening and he was arrested by the police. Even if police knew the fact, they charged him for rioting. He was free after bail but then the problem started. No one has been remained present except my friend on every trial, so hearing cannot be started. And it has been more than 7 years passed, but still hearing cannot be started.
I would like to know from you Expert that is there any provision in law so that we can force court to start hearing. Because my friend wants court to start hearing him so that he can prove himself innocent.
I am asking him on behalf of him because he is not much familiar with computer and such great forum.
Please advice.
Thank you in advance.
Advocate. Arunagiri
(Expert) 12 April 2011
If the charge sheet is filed, if the charges not framed file discharge petition before the same court.
Querist :
Anonymous
(Querist) 21 April 2011
Thank you Mr. Rajeev and Mr. Arunagiri. I will discuss this to him and his lawyer and will revert back to you in case of any query.
Guest
(Expert) 21 April 2011
A matter of commonsense, if courts can be forced to start hearing, that can also be forced for favourable decisions.
If charge sheet is not framed and filed in the court of law, better get advantage of getting a discharge through a proper petition with the reason that the police have not been able even to frame the chargesheet.
