Case of Fraud & Forgery not put on charge even after 11 years
PRADEEP SAMANT
(Querist) 21 July 2011
This query is : Resolved
What shoul be done to exepdite a case u/s 406/467/468/420 of year 1998 ,in which my client is one of the four accused with below mentioned facts,
wherein the charges have not been framed even in 11 Years.?
Wherein the main complainant has died?
Rgds
THANKACHAN V P
(Expert) 22 July 2011
Death of the defacto complainant need not be a ground for quashing the proceedings.If there are witnesses and documentary evidence HC may not incline to quash it.Of course you can get a direction from HC for a speedy disposal.
M V Gupta
(Expert) 23 July 2011
Why the charges have not been framed? Has the prosecution examined the witnesses? If so u should move the court to frame the charges and hold the trial soon. If nothing comes out of this effort u may have to approach High court for directions to the Magistrate to dispose of the case on priority.
PRADEEP SAMANT
(Querist) 24 July 2011
The delay is due to non appearene of the accused. Since there is none from complainant side to follow up, the case is just lingering on .The prosecution has not testified the wintness as well.
dev kapoor
(Expert) 25 July 2011
Some suggestion:
1.File a WP in the High Court getting direction for the court to expedite,as non-framing charge for ELEVEN YEARS is criminal delinquency of the Court,if it not due to continuous absence of accused persons.But then still why your client should suffer for the absence of other accused persons.The court ought to have forfeited their bail bond & send them to judicial lock-up for speedy disposal of the case;
2.Seek exemption of your client till presence of all the accused persons is ensured;&/or
3.Address a communication to the Chief Justice or the Administrative Judge concerned divulging this ominous delay of ELEVEN YEARS at the initial stage.This is unheard of....????
Arun Kumar Bhagat
(Expert) 06 August 2011
File an application u/s 317(2) Cr. P.C for splitting up the trial.
SANJAY GUPTA
(Expert) 20 August 2011
Specifically mention the reasons for the delay of framing of charge,you can file ap application before the high court for time framing of the trial so that ur case may be speedly tried.
