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Rajaramana RV (Employee)     05 February 2014

Framing of charges for 498a

Dear Members,

The next date is on framing of charges stage. What happens in the framing of charges stage? Does the lawyer fight against framing of charge 498a.

What are we asked during framing of charge stage? Nobody has yet asked whether we are guilty or not? What should we say if we are not guilty yes or no. We wanted to know what happens so we are mentally prepared especially for my aged parents.

Also, we have read here that one can go for quashing of case. Can one go for quashing of case after charges are framed.

Praying for your expert views on this as this will give us correct guidance.



Learning

 1 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     05 February 2014

Section 228 provides that when the offence is exclusively triable by the Court of Session, the Judge shall frame a charge in writing against the accused. The charge shall be read and explained to the accused and the accused shall be asked whether he pleads guilty of the offence charged or claims to be tried. The Judge frames a charge both when the offence is exclusively triable by the Cout of Session and when it is not exclusively triable by such court. In the latter even after framing the charge, the Judge may transfer the case of the Chief Judicial Magistrate.


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