Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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galsober@yahoo.co.in (def)     06 November 2013

Pre-charge evidence?

I have private complaint case against wife (tresspass) in MM court. After submission of comlaint, preliminary evidence was recorded & wife stands summoned as accused. She is now representing via lawyer. To the best of my knowledge, next was the stage for FRAMING OF CHARGES. But judge has put the case for PRE-CHARGE EVIDENCE. Is it right? The witness have appeared once b4 wife's summoning, now they have to appear during PRECHARGE EVIDENCE. They wil be crossed this time by opp lawyer. Then arguments over FRAMING OF CHARGES will happen. If judge is convinced, he wil frame charges u/s so n so. Is this right process the court has adopted? If my knowledge is correct, all witness will again depose while the applicant will lead his evidence during trial. In this way, applicant's witness wil be bothered 3 times?


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 3 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     07 November 2013

Evidence before charge is stage in private complaint.
2 Like

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     07 November 2013

the court follow the correct procedure.

galsober@yahoo.co.in (def)     12 November 2013

Means process is different if its a pvt complaint or via FIR?

Do courts follow the same process of pre-charge evidence when husband is in the line of fire as his wife lodges 498a + 406 via pvt complaint?


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