section 498 A cr.p.c

Querist : Anonymous (Querist) 24 December 2010 This query is : Resolved
what is the legal remedy available to the accused of 498 a when after filing chargesheet after three years of F.I.R ,the charges have not been framed even after further expiery of one more year,to expedite the case?because this unnecessary delay is causing great harassment to the accused?

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s.subramanian (Expert) 24 December 2010
You can file a petition U/s 482 Cr.P.C. before the Highcourt and seeka direction for early disposal of the case.

adv. rajeev ( rajoo ) (Expert) 24 December 2010
You could have press the court to frame the charges. Now also you can do it, inspite of it court did the same thing then follow the advise of S.Subramanian

G. ARAVINTHAN (Expert) 24 December 2010
The charge sheet can be quashed by the High Court on an application made under Section 482 of the Code

Dineshwar Singh Kaushik (Expert) 24 December 2010
Yes the charge sheet can only be quashed by Hon'le High Court u/s482 of cr.p.c. but before moving to high court you may once press the court for framing charge.

Guest (Expert) 24 December 2010
Delay in framing charge by court is itself not a ground for quashing chargesheet better to apply the trial court for expeditious disposal failing which you may apply for direction in High court for expeditious disposal by trial court.

N.K.Assumi (Expert) 24 December 2010
A procedural law is void if it does not provide for Speedy trial, but as the members pointed out you can put in an application for framing of charge.Refer the case of Raj Deo Sharma Vs State of Bihar 1998 SC 3281.

Ajay Bansal (Expert) 24 December 2010
File a petion u/s 482 in H.C.

Devajyoti Barman (Expert) 24 December 2010
The high court would not quash the proceeding only because there is delay . It may only direct the police to submit charge sheet which should fill your requirement.

Guest (Expert) 25 December 2010
Mr. N.K. Assumi,
Acadamic aspect and Practical aspect of law both has to be kept in mind at the time of giving some suggestion. Supreme Court At page 837 Para 4 and para 10 in Raj Deo Sharma Vs State Of Bihar 1998(37) ACC 836 observed," Para 10 - "It is neither advisible nor practicable to fix any time limit for trial of offences .Any such Rule is bound to be qualified one. Such Rule can not also be evolved merely to shift the burden of proving justification on the shoulder of prosecution. " Please also go through my Article " Need of fair and effective procedural laws" posted on 05 December 2010 in this website under head Aricle.