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Siv (engineer)     09 November 2010

What is Charges Framing in criminal case

Hi,

 

In criminal case proceedings U/s 240 charges will be framed on accused. What it means really ....? will court pass any written order or make any written document at the time of framing the charge.... reason for asking this question is :

 

In 498A case against me Magistrate Court is going to frame charges on next hearing date. As per section 240 of CrPC, Magistrate has to explain what is crime that accused done before asking whether he has done crime or not.... in my case, wife did not allege when and where, how the criem is happened and the allegations are vague in nature without complying with the section 211, 212 and 213 of CrPC. Because of this I could not able to collect evidence for defence. I filed applications to police to supply me details of the allegations to fight the case but they refused to supply.

 

One allegaton to understand the situation:

 

"In-laws advised husband to harass wife via phone" did not metioned on which day, on which phone In-laws advised husabnd and the harassment or cruelty details happened on reciving the phone call is not disclosed. Still court took the congnizance on old age parents and proceeing for framing charges.

 

Will court make written statements on record during the framing charges about the crime happened ... can accused ask court to supply the details of the alleged crime.



Learning

 10 Replies

DEEPAK ASSOCIATES (08010117611)     09 November 2010

file the applicaton u/s 207 of CrPC for the documents which you wants. untill the provision of 207 CrPC has not been complied the court cannot frame the charge.

Charge is the summary of the offense discribed to the accused and ask him/her for accept the same or not i.e. plea guilty or not.

if the charge has been framed then you can move the applicaton u/s 91 of CrPC to produce the doucments which you want

Arun Kumar Bhagat (Advocate (criminal))     09 November 2010

Did you ask these questions to your lawyer ? You state the reply ? As an expert we shall tell whether the answer is correct or incorrect and what is the correct answer.

Siv (engineer)     10 November 2010

Hi Arun Sir,

 

My lawyer said that Magistrate will ask whether accused done crime or not. If accused denies then charges will be framed. Then trial starts.

 

And my lawyer said that accused can not ask for any questions to Magistrate like when, where and what way offence is done and how that particular act is punishables U/s 498A IPC.

 

Is it so?

Arun Kumar Bhagat (Advocate (criminal))     10 November 2010

Your advocate rightly stated only difference is that first charge shall be framed in writing then it shall be read over and explained to you thereafter yo have to either plead guilty to the charge or claim to be tried. If no details as to date, time and place is recorded then yo shall get benefit for the same. Hope your query is answered satisfactorily. 

Siv (engineer)     11 November 2010

Thank you Arun Sir.

 

Whereas I am being subjecting to malicious prosecution without disclosing the crime details that is done by me. Does this kind of action is permisable in Law?

 

Shall I approach High Court with Writ Petition to direct the lower court to discharge me. I believe further investigation or reinvestigation also do not owrk in my case. Because I do not what happened on which day to defend the allegation being the alleged allegations happened almost 3 years back.

Arun Kumar Bhagat (Advocate (criminal))     11 November 2010

You can move High Court u/s 482 Cr.P.Code.

Dineshwar Singh Kaushik (Advocate)     14 November 2010

Yes Mr. Arun has rightly explained your query ,I hope now you have no confusion. 

Siv (engineer)     15 November 2010

Hello Sir,

on what ground I can approach High Court U/s 482 of CrPC. Please give me some hints on this.


(Guest)

For which you can file a discharge petition before framing charge  and the prosecution will file a reply to that effect.  then argue your points then the court will decide whether there is prima facie case to discharge has been made out or not.  If the petition is allowed you will be discharged from the case.  If dismissed file a revision petition before High court to get redrassal.

Viswanath (Student)     21 November 2010

you can file a discharge plea


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