file application in high court
Querist :
Anonymous
(Querist) 05 April 2011
This query is : Resolved
under this criminal case prosecution has not delivered chargesheet for more than 8 years.Framing of charge is not done yet.Magistrate gives frequent dates.
Accused instead of using section 482 for quashing in high court under inheritance power of High Court,,intend to knock doors of high court on other grounds,so that entire matter and documents will be shifted to High court.under which reason and ground he can prefer application before high court to avoid harassment of magistrate?
whether high court can consider his application?
what is the exact remedy available?
Devajyoti Barman
(Expert) 05 April 2011
No need , ask the magistrate to direct the police to file charge sheet within a definite time frame.
Querist :
Anonymous
(Querist) 06 April 2011
in this case accuse has already made application in the court of magistrate before one year.from that time prosecution has not taken any step nor P.P. despite magistrate has reminded to P.P. can this accuse apply for dismissal under sec.256 under CR.P.C.Act 1973
