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Zuniee (Engineer)     01 April 2016

Framing of charges

Dear Respected Experts,

Could you please help me with these questions :

1) Typically in what circumstance a Session Court judge delays (or avoids or procastinate) the charge framing in 498A + 307 Case

         a) Chargesheet Submitted, Witness statement, evidence material also submitted, accused are waiting for charge frame to happen, every date they plea for charge framing, memo rejected, its been 2 years almost 24 hearing dates over, 2 dates judge was on leave, 4 dates one of the accused was not there)

2) What are the provisions left with accuseds

     a) My lawyer said judge won't accept the discharge application easily, also our evidence won't be considered for discharge application and by looking at merits of the case TRIAL is the best option

    b) My lawyer says, also permement exemption judge won't enteratian as charge framing is not happend, even for parents of age 70

    C) Quashing is an improbable option rt now, given our financial circumstance and outcome probability

3) What is the retirment age for a Sessions Court judge ?

Thanks for your time and guidance



Learning

 4 Replies

NANDKUMAR B SAWANT (ADVOCATE./LAWYER)     03 April 2016

SIR,

1. As chargesheet already filed. Accused may submit a discharge application mentioning all facts and on various grounds.

2. court will call say of state and on hearing advocates if convinced may discharge accused.

3. Accused may also fila a writ petition to the high court on behalf of of all accused for quashing F.I.R. and Chargesheet, Honourable Highcourt will here both sides and may quash the F.I.R. and chargesheet against accused persons .please note. 

Good lcuk. 

NANDKUMAR B SAWANT (ADVOCATE./LAWYER)     03 April 2016

SIR,

1. As chargesheet already filed. Accused may submit a discharge application mentioning all facts and on various grounds.

2. court will call say of state and on hearing advocates if convinced may discharge accused.

3. Accused may also fila a writ petition to the high court on behalf of of all accused for quashing F.I.R. and Chargesheet, Honourable Highcourt will here both sides and may quash the F.I.R. and chargesheet against accused persons .please note. 

Good lcuk. 

Zuniee (Engineer)     05 April 2016

Ok, looks like either discharge or quashing only two option I have....

I discharge would be less expensive to try

Thanks

ShineSeyal   11 April 2016

No such good idea regarding this.


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