I am facing trial under section 347 and 387 due to a false complaint regd in Aug 2015. Before filing of complaint against me, I had initiated civil and criminal action against the said complainant. So this is a counter complaint in revenge. Even as per complaint there is absolutely no allegation of physical delivery of any valuable security or property and hence the offence u/s above is not made out.
Charge sheet was laid in Jan 2016 and Charges have been framed on 6.10.2017 but the evidence is yet to commence. What remedy do I have now at my disposal for termination of the proceeding without a full blown trial.
i) 397 Revision before Sessions Court with delay condonation
ii) 397 Revision before HC
iii) 482 quashing of FIR and Chargesheet by HC
iv) Art 227 r/w 482 CrPC before HC for quashing of charges framed by CJM Court
v) Any other..?
Will delay condonation still be applicable for 482?
A.Dear Sir,
Once charges are framed, no Court will quash the proceedings and you have to undergo regular trial.
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Shreyash Mohta
Responded 4 years ago
A.File a discharge petition or else go for quashing in HC u/s 482Crpc
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Viswanath M K
Responded 4 years ago
A.You can file a discharge plea in the trial court on the ground that there is no prima facie case against you. Otherwise you can move the High Court under section 482 to quash the proceedings.
Dear Client,
You have to approach the concerned court regarding the case hearing dates. You can connect with the Registrar of the Court and provide the particulars of the case to seek updates and the...
Dear Client,
A person is not considered for a govt job if he is prosecuted or convicted by a court in a criminal case. Mentioning a court case on a government job application can have different impli...
Dear Sir,
Once convicted on plea it cannot be reopened but may seek enhancement of punishment both by way of fine and imprisonment. You have to approach higher Court.
Dear Client,
A criminal revision petition challenging the order of the subordinate Court may be filed under Section 397 of the Cr. PC either before the Session Court or the High Court. According to A...
Dear Client
This can be a serious issue if a complaint is lodged with the police as the girl is still a minor and apart from other Sections of the Indian Penal Code the boy can be even booked (a possi...
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Quashing of criminal proceeding 397 or 482
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