Revision on charges framed
quick
(Querist) 30 August 2015
This query is : Resolved
Dear experts,
My query regard the order of framing charges and difference in the docket order regard 239 examination and charges framed,
previously we approached high court for quashing the chargesheet highcourt directed us to file discharge in the lower court
I filed a discharge petition for the offenses 498a and 3&4 dpact
0n 26/02/2015 petition dismissed posted to 9thmarch 2015,
on 27/02/2015 we filed for out of order petition for order copy to go for revision,
9th march we requested the judge that order copies not given to us and we want to go for revision until then stop framing of charges,
majestrate posted to 12th march for framing of charges failing arrest warrant,
on 10th march we got the order copies and on 11th we filed in the revision court,
on 12th we told majestrate that we filed revision and stop the charges framing, majestrate rejected our pleA AND framed charges under 498a IPC and 324 IPC,
on 17th march stay granted in the CC and it was dismissed on 18/082015
while framing charges under 498a majestrate in her order mentioned that we suspected the complainants fidelity hence we are charged under 498a, wher there is no allegation of suspecting fidelity either in the FIR or chargesheet,
Regard 324 IPC she mentioned in her order that we beat the complainant hence 324 IPC,
but we thaugh that regrd 324 IPC there might be a mistake coz of 3&4 they might have typed 324 and we baught the same to the court clerk, he told that it was a mistake and we will correct it,
coming to the docket order they corrected in place of 324 they corrected 3&4 in the docket order only with the sign of judge and they told us that it was corected by the judge and they showed the docket order,
I applied for the charges framed and the docket order certified copies the docket only was corrected in place of 324 corrected to 3&4,
My query is
1. wat should i do now even in the charges framed there was no single place or time or date of offence how could i defend myself wat remedies are ther for me in challenging the order of framing charges.
2. is there any limitation for revision or quashing on the order of charges framed b'coz charges framed on 12/03/2015
3. Can a second time under section 482 crpc can filed on this subject as we already filed regard quashing of the charge sheet.
Experts pls guide me wat to do otherwise my family will face lot of troubles b'coz ithe majestrate here is anti men what ever the complaints plea she will do it
Shashwat Shukla
(Expert) 30 August 2015
U can file a revision or a criminal writ for challanging the said order. And for better advice please call me.
R.K Nanda
(Expert) 31 August 2015
query too long.
Rajendra K Goyal
(Expert) 31 August 2015
You can defend yourself in the proceedings and get the charges be proved as false.
quick
(Querist) 01 September 2015
to defend the case, it was not a problem, but y shd i face a trail were there is no allegation of suspecting fidelty neither in the complaint nor in the charge sheet nor in the 161 statements, is this not a prejudice to me.
quick
(Querist) 01 September 2015
Dear Experts can these grounds be a ground for transfering my case making allegations on the judge
T. Kalaiselvan, Advocate
(Expert) 05 September 2015
If the case is for suspecting fidelity but there is no such allegation in the complaint, it is circumstance favoring you which can be brought to lime light during the trial proceedings, so why do you want to spoil your own favorable situation.
