If Magistrate frame charge against the accused despite Statutory Bar for taking Cognizance by an Act of the Legislature, what option will be the best for the accused.
N.K.Assumi (Advocate) 22 December 2009
If Magistrate frame charge against the accused despite Statutory Bar for taking Cognizance by an Act of the Legislature, what option will be the best for the accused.
Swami Sadashiva Brahmendra Sar (Nil) 22 December 2009
The accused may file revision before the sessions judge or high court or an application before high court for auashing of proceedinds.
Swami Sadashiva Brahmendra Sar (Nil) 22 December 2009
kindly check , if Cr.P.C. is applicable to the concerned area !
N.K.Assumi (Advocate) 22 December 2009
Thank you very much and nice to hear from you. Yes, CrPc is applicable.
MOHANA SUNDARAM (Advocate High court Madras. M-9840908555) 23 December 2009
it is a clear ultra vires and i agree with Tripathi sir
Nali Seshu Kumar (SOCIAL WORKER) 16 January 2010
approach the higher forum for "discharge".
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