Framing of charges in 498 a case.
LEGAL-CIVIL CRIMINAL
(Querist) 20 April 2014
This query is : Resolved
A private complaint was filed u/s 498 a AND some other sections and magistrate issued process on about ten relative of husband living separately since beginning.
Now even after two years no charges are framed and only attendance and dates.
So query is whether framing of charges in needed in private complaints also and if not done what further steps accused should take to come out of the problem.
Devajyoti Barman
(Expert) 20 April 2014
Yes, in private complaint cases also charges need to be framed.
The information is too scanty to comment on cause of delay.
Go to high court if you want expeditious trial.
ROHIT SHARMA
(Expert) 20 April 2014
1. In a private complaint u/s 498-A I.P.C. s. 198-A of Cr.p.C. will be attracted and the court cannot issue process u/s 204 Cr.P.C. unless a police report is submitted to the court.
2. If the police report has been submitted and no charges are framed by the court then the accused can rescue him self by filing a discharge application u/s 239 Cr.P.C. before the competent court.
3. Yes, even in private complaints charges are needed to be framed.
4. If need be talk to this lawyer.
Adv. Rohit Sharma.
(B.Sc. L.L.B. L.L.M.)
(M) 09824947971.
E-Mail : lawgate1349@gmail.com
Rajendra K Goyal
(Expert) 20 April 2014
Agree charges are framed even in private complaint.
Dr J C Vashista
(Expert) 21 April 2014
Nothing more to add, I agree with experts.
