• Legal suggestion

sir i want help as in my matter order are passsed by judge against accused under section 471 ipc charges are framed and for trail but now my advocate is saying that we can also challenge court order as accused should also be framed under section 420 ipc but he is saying that if we challenge this court order judge can go against us... and also he is saying that accused can also challenge the order in court and for this procedure we have time limit of 3 months....i want help what to do further as my advocate is saying us to decide that challenge this order or wait for accused to challenge the order.. sir if accused person challenge this order then in our defence we can argue for 420 section in stead of challenging the order directly as my advocate is saying tht if we will challenge first judge can go against us as till now he is in our favour... thanx pls help.
Asked 2 years ago in Criminal Law from New Delhi, Delhi
Section 471 IPC deals with forgery. Charging the accused under Sec. 420 is not in your hands.  The Police has to do that.  You can approach the Police and explain them the issue.  If they feel  that it needed to charge under 420, they will file a petition before the court and the court may allow the petition.  But it is too late.  Contact police people immediately.  Judges will be neutral, they will not go against anybody.  They are related to the merits of the case.
Ravinder Pasula
Advocate, Hyderabad
316 Answers
68 Consultations
4.9 on 5.0
yes you can chellenge in high court ,as far as accused is concerned he has all the rights to chellenge which you also have
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
Your advocate is right.

The rights which have been conferred on you have been conferred on the accused as well. You may challenge that part of the court order whereby it has not applied section 420 against the accused, whereas accused may challenge imposition of section 471 against him by the court. In the event either of you challenge the court order the challenge will be heard and decided on merits having regard to the facts and circumstances of the case.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
kindly follow your advocate advice as he is the better judge of your facts
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
We have already acquainted you with your legal rights. Make an informed decision on the basis of facts of your case and under the advice of your lawyer and thereafter communicate your willingness or lack of it to challenge the order of framing charges.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Criminal Lawyers

T Kalaiselvan
Advocate, Vellore
13932 Answers
127 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5154 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3517 Answers
129 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
869 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
424 Answers
15 Consultations
4.7 on 5.0
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2729 Answers
41 Consultations
4.9 on 5.0
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0