CASE U/S 406/420/467 IPC
tarun
(Querist) 13 October 2010
This query is : Resolved
DEAR MEMBER
A CASE U/S 420/406/467 WAS REGISTERED AGAINST 7 ACCUSEDS, 3 ARE ON BAIL 2 ARE IN CUSTODY AND 2 ARE OUT OF REACH, BUT NOT DECLARIRED p.O YET, NBW ARE ISSUED AGAINST THEM, THE FINAL REPORT FOR 4 ACCUSEDS ARE FILED, AND ONE IS ARRESTED BEFORE FEW DAYS AND NOT CHALLANED YET, CAN COURT START PWS AGAINST 4 ACCUSEDS WHOES CHALLAN (fINAL REPORT ) HAS BEEN FILED? THE COURT HAS STARTED PWS AGAINST 4 ACCUSEDS, I THINK IT WILL BE NOT GOOD AS TWO ARE NOT DECLAIRED P.O, HOW CAN WE STOP THE COURT TO GO FURTHERE IN PWS? IS THERE ANY PROVISION IN CR.PC? PLZ TELL CASE LAW, AS TRIAL MAY GO SEPARATE AFTER DECLARIRING P.O, BUT TWO ACCUSED ARE NOT DECLARIRED P.O HERE. HOW CAN WE STOP COURT TO CONDUCT PWS?
pawan sharma
(Expert) 13 October 2010
i. court can proceed with the trial after saprate the file of the others.
s.subramanian
(Expert) 13 October 2010
Yes. The court has the power to split the case and proceed.
Uma parameswaran
(Expert) 13 October 2010
You can move to High Court under 482 CrPC to quash the FIR and Charge sheet.
Sri Vijayan.A
(Expert) 14 October 2010
The court can proceed , canot be stopped.
FIR can't be quashed