Framing of charges stage

rajiv_lodha (Querist) 09 October 2014 This query is : Resolved
It’s complaint case of criminal trespass at MM court. After prelim. evidence, accused is summoned. He appears & does not challenge the summoning orders in higher court. Pre-charge evidence completed & nothing significant there. Meanwhile MM transferred & gets replaced by a biased one. Arguments happen for framing of charges. New MM discharges the accused at this stage in orders. Case stands disposed. Questions are
1) Whether ‘appeal’ or ‘revision’ is the remedy for the complainant?
2) At which court: Session or HC?
3) Limitation period for ‘appeal’/ ‘revision’ in such case? 30 days, 60 days or 90 days?

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Dr J C Vashista (Expert) 10 October 2014
Appeal before Sessions Court within 30 days

Rajendra K Goyal (Expert) 10 October 2014
If aggrieved from the decision of the lower court, appeal to higher court.

T. Kalaiselvan, Advocate (Expert) 15 October 2014
Agreed, if the complainant desires to prefer appeal, it should be before the session judge within 30 days.

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Framing of charges stage

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