How long criminal case U/S 353 can be kept

unless decided after trial .

thanks for the reply: but i did not get you. can you eloborate on this point please thanks.

during the hearing after 19 years if none of the persons i.e. in this case , case filed by one of the constables and other witness if they do not show up what happens. I understand no in is there in that police station who filed the case and witnessed the same. Under such circumstances what will be fate of the case. Can Magistrate still punish the acussed by imposing imprisonment or fine? or what action is expected now . please advice. thanks again

1.An accused can  only  be convicted if there are sufficient evidences to prove the guilt against him.If the officals do not turn up for giving evidence defenitly the accused cannot be convicted.

2.If the delay of 19 years  was caused on the part of prosecution side you can approach the HC to quash the proceedings before the trial court.

thanks sir for prompt reply once again. can you please let me know how to prove that there was delay of 19 eyars from prosecution side?? what steps to be taken in this regards.. 

thanks again.

Mr. thank,

please also let me know under what are all grounds an accused could be dischrged or acquitted in 353 case.

thanks

To answer your query please furnish the following details.

1.How many accused are there in the case? Are all of them on bail? Whether they absconded and thereby      prolonged the case?  

2. Whether charge framed in the above case ? If so when?

3. Whether evidence started in the case?.When did summons send to the witnesses? Did they appear before    the court to adduce evidence? 

4. Why this case was dragged for  19 years?

There are  no special grounds to acquit an accused in 353.If the prosecution fail to prove their case (which can be on various reasons), accused will be acquitted.

My answers to you query are as under;

.How many accused are there in the case? Are all of them on bail? Whether they absconded and thereby      prolonged the case?  

TWO ACCUSE ONE- PRIMARY OFFENDER AND ONE ACCOMPLICE. BOTH ARE ON BAIL. THEY HAVE NOT ABSCONDED. THEY ARE INTACT VERY CLOSE BY TO COURT NOTHING HAS BEEN HEARD FROM COURT

2. Whether charge framed in the above case ? If so when?

NO CHARGES HAVE BEEN FRAMED AS YET

3. Whether evidence started in the case?.When did summons send to the witnesses? Did they appear before    the court to adduce evidence? 

NONE OF THESE PROCEEDINGS IN FACT TOOK PLACE

4. Why this case was dragged for  19 years?

SURPRISINGLY CANNOT FIGURE OUT . ACCOMPLICE RECEIVED WARRANT TWO DAYS BACK

There are  no special grounds to acquit an accused in 353.If the prosecution fail to prove their case (which can be on various reasons), accused will be acquitted.

OK

please advice the position based on my above answers

thanks and regards,

also please let me know if there is a possibility whether accused can get away with only fine in sec 353 cases as the section says punishment with imprisonment or with fine or with both thanks

are there any case laws on this taht the accused have been only fined under section 353. thanks if so please let me know under what circumstances they were only fine not sentenced to imprisonment

Now let me answer to your questions.

1. If the charge sheet was submitted by the police after three years of the offense, the case will not stand as it is barred by limitation.

2. Punishment for 353 is imprisonmnet for 2 years or fine or with both.

3. There is a new provision in Crpc u/s 265A to L for plea bargaining. Since the court has descretion to impose imprisionment or fine in 353 ,there is every chance for imposing fine only as the iincident was occured about two decades back.

4. If you are sure that the then police officials and other occurance not available for evidence , contest case.

other wise should we go for quashing. thanks