454 ipc &380 ipc mention in challan session trial

sonia sharma (Querist) 04 May 2021 This query is : Resolved
454 ipc & 380 ipc is written in challan

but charges not framed yet
454 ipc contains ten years punishment
does it means it is session trial ??
challan has produced in MM COURT
& MAGISTRATE is on leave & accuse is appearing in mm court on his date
prosecution case is related to theft in a mall by customer in a busy day time 4 pm
& there is not tress pass
he entered in mall through common entrance as uses by other customer

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Quick Summary

This discussion addresses whether a case involving IPC sections 454 and 380, initially filed in an MM court, constitutes a session trial. While section 454 can carry a ten-year sentence, potentially indicating a session trial, the consensus is that charges are typically framed in the MM court. It's strongly advised to consult a local legal professional for accurate guidance on the specific facts of the case and the trial proceedings.

Dr J C Vashista (Expert) 05 May 2021
It's sessions trail case.
The facts posted are required to be proved in defence of accused after prosecution evidence and statement of accused.
It is better to consult and engage a local prudent lawyer for appreciation of facts/ documents, professional advise and necessary proceeding.

sonia sharma (Querist) 05 May 2021
in FIR only 380 ipc is mention
so far case is in mm court

where charge will frame in mm court or session court ??
mm wrote in file that pp will give pendrive to accuse on next hearing
so after obtaining pen drive where charge will frame ??

Sankaranarayanan (Expert) 05 May 2021
I do agree with expert Vashista ji 's point better to consult your lawyer and get clarity on it

Asgher Mahdi (Expert) 05 May 2021
When the case is before the court, obliviously you have hired the services of an advocate. Why cannot you consult your advocate this matter? This forum is not to guide those already hired the services of any advocates.

T. Kalaiselvan, Advocate (Expert) 05 May 2021
IPC - 454:
Whoever commits lurking house-trespass or house-breaking, in order to the committing of any offence punishable with imprisonment, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; It is a non-bailable and cognizable offence and triable by any magistrate

And if the offence intended to be committed is theft, the term of the imprisonment may be extended to ten years.;
It is non-bailable, cognizable offence and triable by first class magistrate.

If he had not trespassed then why did the police invoke the said section of law?
Well it is a matter of trial, the accused has to defend his interests based on the documentary evidences and merits in his side during trial proceedings.

sonia sharma (Querist) 05 May 2021
THANK YOU T.KALAISELVAN SIR FOR YOUR REPLY

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