Upgrad LLM

after anticipatory bail


 

Sir,

Year 2006, A false case was filed against us (10 Person) vide IPC-302/201/34, Police investigated and submitted final form with no evidence in July'2012.  But court took cognizance against us and issued summon and instruct to appear before court on 16.07.2013. 

Thereafter We filed petition for anticipatory bail in jharkhand high court which has been granted and we have taken bail from concerned lower court based on high court order.


My question is:-


1. What will be the next process of the court whether case will be charged for trail as general process or some other action will be taken.


2. Will court inform us through notice for next process or appearance.


3. What should I do best for disposal of this case or withdrawal of myself from this case.


Hope your valuable reply....

 


Regards,


V.Choubey


 
Reply   
 
barrister

IPC 302 is an offence which comes under warrant case since the imprisonment is more than 2 years. In this case, the court must have sent you a warrant but not summons. 

By final form you mean closure report ?. Even if it is so, the court can take cognizance if it is not satisfied with the closure report. Next the court frames charges, the follows questioning the guilt of the accused and if the accused pleads not guilty and desired to be tried, then prosecution evidence follows with cross examination by defense counsel, then the accused is given an opportunity u/s 313 Cr.P.C to let in evidence. 

then arguments of both sides, then court declares whether the accused is convicted or aquitted then argument with regard to the punishment which is given to the accused follows. Then final verdict...

 
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