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vijay (consultant)     26 February 2010

pre trial hearing

In the present Criminal case can the counsel of accused prefer application before Judicial magistrate for Pre trial hearing for confirmation of enough evidence to have sufficient ground for filing charge sheet .

In case if Magistrate rejects the same then can this advocate of accused appeal to high court against this decision?

Vijay



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 5 Replies

Dirgesh kumar sharma (Advocate)     27 February 2010

No, before charge sheet filling is not

Anil Agrawal (Retired)     28 February 2010

A case u/s 138 after being adjourned repeatedly for years was finally kept FOR DISMISSAL but continues to be kept adjourned as usual.

Any comment.

Bidhan Dave (Advocate)     28 February 2010

There is no provisions in the Criminal Procedure Code for "pre trial hearing".  If the evidence are not sufficient, the accused can file an application for discharge, after chargesheet.

Bidhan Dave (Advocate)

Anil Agrawal (Retired)     28 February 2010

What is meaning of KEPT FOR DISMISSAL.

Bidhan Dave (Advocate)     01 March 2010

The case will be dismissed on next date of effective hearing  if no person on behalf of complainant had appeared & failed to produced the required evidence.


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