Respected Experts,
I humbly request to the learned Advocates to guide me on the following queries.
1st Query:
I am confused between the S. 238 & 244 CrPC, since the alleged charges levied are 363, 114 & 511 IPC, institued on the private compliant by the Complianant father. Police had filed the charge sheet in 1998. How to differentiate the Compliants institued on Police Reports and those compliants which are otherwise inistitued on police reports.
2nd Query:
Are these charges trialable by the Chief Judicial Magistrate or by Sessions, as the Magistrate has issued the arrest warrant u/s 75 if CrPc, and is insisting to apply for fresh bail of Rs 10K, after which he intends to commit the file to Sessions Court.
3rd Query :
Out of 4 accused 2 have expired , one is absconding since 2 years police is unable to tress his whereabouts, even he Bail bond/ surety is expired hence he is discharged from it.
4th Query :
Should the application u/s 317 (2) CrPc for seperate trial advisable, followed by the discharge application u/s 245, since the trial is not yet commenced. Would that be maintainable or not. I am told that the quashing application would not be adviseble at this stage as its too late, some recent landmark judgement of Hon'ble SC bars it, further will it be advisabel to get the direction of Hon'ble HC by filing a application for Speedy trial in it.
Thanking all in anticipation.
Warm Regards
Vikas
