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shariq (m d)     17 June 2011

Charge frame time limit

hello gentelmen is there any ruling that a charge if not filed aganist person for more than 10 years. the persons could make an application for dis charge.is there any time limit in criminal proceding warm regards



Learning

 5 Replies

adv. rajeev ( rajoo ) (practicing advocate)     17 June 2011

10 years! No judgement is required just file an application for discharge.

1 Like

shariq (m d)     17 June 2011

 

Originally posted by :adv. rajeev ( rajoo )
"
10 years! No judgement is required just file an application for discharge.

"

rajev ji thanks for your valuable suggesation but the charges are in wild life protection act 51 and 52 the lawyer is saying the aplication will be rejected as lower court will not discharge.just by an application

DEEPAK ASSOCIATES (08010117611)     17 June 2011

The matter is related to section 468 of CrPC which deals with the Bar to taking cognizence after lapse of the period of limitation.

The period of limitation shall be :-

a) Six months if the offense is punishable with fine only

b) One year if the offense is punishable wiht imprisonment for a term not exceeding one year

c) Three year if if the offense is punishable wiht imprisonment for a term exceeing one year but not exceeding three years

for the purpose of this section of limitation, in relation to offense which may be tried together, shall be determined with reference to the offense which is punishable with the more severe punishment or, as the case maybe, the most severe punishment.

In your case it be seen the punishment of the offense u/s 51 and 52 of the wild life protection.

1 Like

shariq (m d)     18 June 2011

 

Originally posted by :KAPOOR DEEPAK
"
The matter is related to section 468 of CrPC which deals with the Bar to taking cognizence after lapse of the period of limitation.

The period of limitation shall be :-

a) Six months if the offense is punishable with fine only

b) One year if the offense is punishable wiht imprisonment for a term not exceeding one year

c) Three year if if the offense is punishable wiht imprisonment for a term exceeing one year but not exceeding three years

for the purpose of this section of limitation, in relation to offense which may be tried together, shall be determined with reference to the offense which is punishable with the more severe punishment or, as the case maybe, the most severe punishment.

In your case it be seen the punishment of the offense u/s 51 and 52 of the wild life protection.
"

 so kapoor ji it means that if the punisment is more than 3 years in the case there is no limitation on charge

shariq (m d)     08 August 2011

i think friends that their is some confusion or i dont have cleared sorry for that the present position is that matter is in court the case diary has been put up privesely.but only the charges are not frame against accused by the court for almost 10 years time. than also we can put an application for dis charge. waiting for valuable views warm regards shariq


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