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Zeeshan (Hidden)     13 December 2011

Basis of framing of charges ??

On what basis a court frame charges against anybody ?

What is the criteria ? Prima facia allegations ?



Learning

 9 Replies

pervez (adviser)     13 December 2011

Based on the investigation report submitted by police...

B.N.Rajamohamed (advocate / commissioner of oaths)     13 December 2011

Sir,

Framing of charges is the condition precedent for commencing the trial on a person alleged. Charges will be framed on the basis of the materials available on record (i.e) chargesheet. If the materials on record is insufficient to constitute an offence charged the court cannot frane charges. Before framing of charges the court has to look into whether there is a prima facie case made out against the accused and the charges are with grounds. If the charges are groundless you can file a petition for discharge under sections 239, 245,227 of Cr.p.c.     

Zeeshan (Hidden)     13 December 2011

My chargesheet has word to word of FIR. Not even change in active & passive voice. There is change in last lines:-

कायतकर्ता के अपने स्त्त्रीधन की माँग करी जो विपक्ष ने नही दिया | अतः शिकायतकर्ता ने अपने ससुरालवलो पर क़ानूनी कार्यवाही की माँग करी. जो उपरोक्त शिकायत के बाबत WASI सकूँन देवी नेadd DCP/NE साहब से मुक़दमा दर्ज करने कीपार्मिसान हासिल कि.जिस्मे उपरोक्त विपक्ष के खिलाफ दफ़ा 498ए /406/34 & 4 dp act के तहत अधीन होना पाया गया.

Then the detail of convictited, address,AB, that husband is formal arrested & others are not arrested. etc.etc.

Where is police's finding here ? Only witnesses is there.

 

It is also matter to note that in CAW cell, although my wife demanded her goods back, but I/O & almost all the staff went to commonwealth games duty. To whom I return the goods ? Also goods are returned in CAW cell after my anticipatory bail. as per list of wife, except increased jewellery.

 

Still court frame charges against us ?

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     14 December 2011

Framing of charged is based on the Chargesheet filed by police in the matter registered by police or in complaint case on basis of alligation, prima facia alligations.

feel free to call

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     15 December 2011

Based on the material available in chargesheet, if offences are made out, charges would be framed.

 

 

Regards,
 
Shonee Kapoor

girish rathod (Software Developer)     17 December 2011

Framing of charge, police has got the immnese power to frame charge in the FIR even if the police the person is innocent. And one cannot challenge that charges. As a result this charge remain same even in the charge sheet.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     23 December 2011

Charges are framed by court and not police.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Sufferer of 498 (Officer)     26 December 2011

so is the brides party bribes the IO, we can be wrongly accused in the CS as well, inspite of being totally innocent

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     27 December 2011

Right, it can be done.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

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