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Siv (engineer)     17 October 2014

Petition u/s 243 r/w. 313, 212, 240 and 468 of crpc

Dear Sirs,
Can I file petition U/s 243 of CrPC R/w 240, 212, 313 and 468 of CrPC, before the Magistrate court (based on the allegations present in the questions asked U/s 313 of CrPC) stating that the alleged allegations are not disclosing date, time and place and the allegations are not complying with Section 212 of CrPC and also these allegations (which are not part of charge U/s 240 of CrPC) are made after 06 years that is during the Chief of Prosecution Witnesses and this Hon'ble Court may consider these circumstances and may be pleased pass appropriate order so that the Accused will get oppertunity to bring materails evidence/witnesses to prove innocence of accused.


 5 Replies

Siv (engineer)     17 October 2014

as per me it is not maintainable to ask such questions U/s 313 CrPC because the allegation itself vague then how cme magistrate can presume that this vague allegation is incriminating against the accused ....then asking the accused to bring evidence/reply that rpove innocence of accused.

Ashok, Advocate (Lawyer at Delhi)     17 October 2014

At the time of framing of charges, the particulars mentioned in Section 212 Cr.P.C. are required to be given. You could have pointed out at that time itself, and could have asked to amend the charges (under Section 216) to provide the requisite particulars as mandated by law. Though it is permissible under Section 216 Cr.P.C. to alter the charges at any stage of trial before the judgment is pronounced, usually it may be difficult to convince the trial court to alter the charges (for giving detailed particulars) at this late stage when Section 313 is already over.

Siv (engineer)     20 October 2014

What is the way to bring before the court that the date, time and place of the alleged allegations are nto disclosed then how to arrive to the conclusion that the allegations are incriminating against the Accused....


Allegations are not complyig with Section 212 of CrPC.

Allegations are made after 6 years of alleged occurence. 

Without date, time and place what is to be disproved in Defence Stage ....

Siv (engineer)     20 October 2014

One example of the Question present in 313 Examination is as below:


Question: PW.1 alleged in evidence that you/Accused-A1 loked her inside house and harassed, what do you say?


Reply: Denied and it never happened.


I can disprove this allegation by bringing the people/office persons those were along with PW.1 during the alleged incident but  I/Accused need infomation about the date, time and place where the PW.1 was locked then I can refer Defence Witnesses to the court .....else how to defend this allegation?

AS   20 October 2014

Hi advocate Ashok,

I am in same boat. in my 498a wife witness is over, But there is no date and time given for any particular instance.

Even when asked in cross , she mentioned she dont remember.

please advise?

Shall i put 216 or 212 application ?

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