Upgrad LLM

pre trial hearing


 It is known that there is no such provision of pre trial hearing. but if 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 ,what will be say of judge?.

Whether The counsel can prefer application as noted above before Judicial Magistrate?

In case if Magistrate rejects the same then can this advocate of accused appeal to high court against this decision? [this is to buy time and to defer the case]

Vijay

 
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Lawyer

"It is known that there is no such provision of pre trial hearing."

 

The Magistrate will not allow suuch application as when  Cr.P.C does have such provision

Criminals provison always construed litrally unlike civil proceedings which are construed librally

well the only thing is pre charged evidence if the case of warrant trial and it is pvt complaint then only there can be pre charged evidence to find out that there is suuficent material on record to frame charge or not i.e.  the accused can contest for his discharge

 
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