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Author :
Hari Om Maheshwari
Posted On 15 April 2012 at 20:49
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1. MM passed an order on CHARGE in detailed 4 page order, holding the accused guilty and fixed a date for actual framing of CHARGE. No revision was filed against this order.
2. Charge was actually framed two yreas after the order on charge ?
3. In revision, the accused challenged the CHARGE within limitation from the date of CHARGE. However, in revision, the attack was on 1st order, i.e. order on charge. The first order was passed by a different MM and the 2nd order was a different MM but in revision every content of 1st order was attributed to the 2nd MM.
4. Whether the revision is within limitation ?
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Expert :
Shonee Kapoor
Posted On 15 April 2012 at 22:04
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No, the revision is not within limitation.
The charge should have been challanged and not the order of framing charges.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
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Expert :
prabhakar singh
Posted On 15 April 2012 at 22:23
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More over you have not stated the respective dates of order so that one may be able to test the limitation point.Two MM s may get changed even in a 3days and two orders as said may be passed with in that span of time.
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Expert :
raj kumar makkad
Posted On 17 April 2012 at 00:36
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The revision seems beyond limitation though it can be got condoned under section 5 of Limitation Act.
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