Sepration of case by one accused out of total six
Altamash Mustafa
(Querist) 04 May 2012
This query is : Resolved
Respected Expert ,
Can a case with section 392/362/323/34 can be separated and separate trial can be started for one accused at Chief Judicial Magistrate or High court out of total 6 accused ?
can separate judgement can given for one accused out of 6 accused ?
Please do help what all the provision for praying a separate trial ?
Devajyoti Barman
(Expert) 04 May 2012
There is no ppovision for separate trial of one accused out of several in the one single case.
PARTHA P BORBORA
(Expert) 04 May 2012
yes there is no such provision. Moreover, se 392 is a sessions tryable case. CJM can only commit the case to session court And high court cannot conduct a criminal trial. Only criminal appeal and revisios.
PARTHA P BORBORA
(Expert) 04 May 2012
yes there is no such provision. Moreover, se 392 is a sessions tryable case. CJM can only commit the case to session court And high court cannot conduct a criminal trial. Only criminal appeal and revisios.
PARTHA P BORBORA
(Expert) 04 May 2012
sorry. Sec 392 I P C is triable by chief judicial magistrate. But appears from the record that the accuse should be sentences more then 7 years, the he may commit the case to the Assist. Sessions Judge.
Shonee Kapoor
(Expert) 06 May 2012
Only if the other accused are declared PO, the seperate trial can ensue.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Altamash Mustafa
(Querist) 07 May 2012
Thank You experts i am really thank full to all experts .....
this case is of may 2009 ...hence 3 years passed n still the charges havent been framed on any of the accused n trial havent started ..... (no chargesheet given to any accused)
and main accused is absconding and a warrant is being issued already by CJM court ...
Moreover one of accused is of 28 years of age n facing rejections in govt. service so cant the case be seprated on this ground that he had faced many rejections only cos of this police case ?
Please find out if any provision is there ?
