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AK (AK)     02 February 2013

How to prolong the judicial process

Hi,

A FIR was registered u/s 302, 498A against my brother, married sister, parents and uncle on disappearance of my brothers wife (they were married for about a year). on discovery of body (about 100 kms away from residence in a pond) and postmortem thereafter case was investigated and chargesheet initially filed u/s 306 and 498A. About a year later a supplementary chargesheet is filed u/s 304B. original chargesheet is already collected by the accuseds and now after the supplementary chargesheet is collected, the case will be committed and transferred to sessions court for framing of charges and trial thereafter. The accused are currently out of bail. In this regard, kindly help me will the following queries?

1) Investigation found this to be a case of suicide. However, lateron on the influence of deceased girl's family 304B was slapped. Can 304B be tenebale in such a case where no additinal evidence was collected. Original chargesheet also has the eveidence which are nothing but the statement of girl's parents, brother, uncles etc.

2) My parents are 70 years old and the only way out for them i see is to delay the process as far as possible within the legal means. In this regard, kindly advise on the following?

2.a) the supplementary chargsheet will be handed over in this month and then case wil be committed and transferred to sessions court. Is there a way to prolong this process by any leag means?

2.b) Once the case is transferred to sessions court, what means are available to delay the process of framing of charges?

2.c) Once the charges are framed, what means are available to delay the process of start of trial?

2.d) once the trial has started, how long one can delay the entire process?

Kindly provide a detailed response on all aspects of legal means available in this case which will help the acquital as well as indefinite delay/deferment in completion of judicial proceedings.

 

Many thanks.



Learning

 2 Replies

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     03 February 2013

You must co-operate judicial process and not try to delay deliberately. Let justice be quick, and impartial. 

Sudhir Kumar, Advocate (Advocate)     03 February 2013

Thuis forum doe snot teach wasys to make manipulation in law.


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