Upgrad LLM

crpc 468, 470


Dear experts in CrPC,

I want to know if CrPC 468, 470 can be cited for discharge from a criminal case carrying less than 3 yrs of punishment.The case registered carries max 2 yrs of punishment if proven guilty. But since charges have not been framed for over 3 years by the court, so now CrPC 468 and 470 should come in to picture and no court is allowed to take cognizance of the offence. Hence he should be disharged. Other conditions are already satisfied such as accused not absconding or out of country. Please advise.

 
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Advocate,9444674980

I think quash will be a better option.

 
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