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Sumiteshwar Choudhary (lawyer)     03 April 2014

Are framing of charge in 304a and framing of notice same?

In Delhi, trial courts have different approaches. A few frame notice for an offence u/s 304A IPC and a few do frame charge. Can we challenge notice as we do charge (if it is not made out), in Sessions court against an MM?


 3 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     03 April 2014

. If the officer thinks that the person should be charged, they will write a report to the prosecutor w ith the suggested charges. However, if the officer thinks the person should not be charged, they will tell you so. Follow up your report by contacting the officer who took the complaint if you have not heard anything after a week or so.

angel (marketing expert)     04 April 2014

by the way i have given one application to national commission for women also. do they really help? i have attached all the required evidences with the FIR and complaint like messages, bills (shopping made by him for marriage and engagement), pictures, his company visiting cards and call records can be taken out by the police.but why there is so much delay? i see no future of mine! i am completely lost!. i see accused on whats app, near my house, get calls from private numbers. nobody listens to me.. i feel my life is in danger . what if he is arrested and gets the bail or may be anticipatory bail?

Sumiteshwar Choudhary (lawyer)     07 April 2014

It is the court that decides whether to frame charge or notice in such cases. I wish to know if they have same effect or not and same remedy or not to fight against. Any case law to support the view would be appreciated.

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