Delay in Charge of Framing (In criminal case @ 420 IPC)
Sir, I am an accused in a criminal case @ 420 IPC. which is going on for a long period. FIR was lodged in 2013 and charge sheet was filed within 3-6 months. But no charge framing is till yet. Its being delayed all time.... no evidences, no witnessed etc
I want to ask it is in my favour or against ? I have heard that the case becomes hollow after a long long period.....
Thanks in advance......
Asked 3 years ago in Criminal Law from Patiala, Punjab
1. Have you remained in absent on the date of hearing. Absence of date delays framing of charge.
2. If no then on the enxt date ask your lawyer to apply for framing of charge. It is few minutes job and should be done on the date fixed.
3. Once it is done then trial by way of evidence of complainant will commence.
I think proper steps for framing of charge was not made, file an application for framing of charge before the court concerned where the Trial is going on at the earliest.
Delay on your part is not in your interest. get the charges framed at the earliest.
Advocate, New Delhi
1. Why is it being delayed if the charge sheet was filed within 6 months?
2. The delay in charging you is not in your interest. Let your lawyer initiate the process at the next hearing so that the case comes to a logical conclusion.
3. Since the charge sheet has been filed there is no question you drawing any benefit due to the delay in framing the charge.
Thanks for all answers....
Sir, complainant is trying to drag one another person who was declared innocent after reinvestigation (with proper verification and DDA (Legal) endorsement). 120-B was lifted after that. This is the main reason for delay in charge framing.....
Even the property (in question/ main reason of 420 case) is in his/her name..... He/she was having all evidence (bank withdrawals on one day before sales deed execution and money receipt (their plot Biana which was sell).
But complainant is trying to blackmail us in order to take advantage of FIR lodged....... What we should do?
Asked 3 years ago
Ask the court to frame charge in the coming date.
You can go to high court a well praying for quashing and if it fails then at least for expeditious trial of the case.
It seems we are not getting full and clear facts better please call,if you so desire.
Advocate, New Delhi
Move to High Court against the complainant and seek action against him as per the law.
Sir, the complainant & others are having political connections. Even they were succeeded at the time of bail. Even the Judge was influenced by them and was purposely delaying the bail.. Complainant is a lady... May be this is the main reason (sympathy factor etc). Even she is very cunning and opportunistic. Changing her statements purposely.... Now they are threatening that the Judge will definitely take the cognizance of another person (who was declared innocent earlier...but now application u/s 190 was lodged by complainant, this was not lodged by PP and was on plain paper only, even answered by us). They are really having political connection and due to that police always ignore our complaints.... I want to know what can we do to overcome in this situation as they are really cunning and powerful persons. They use cheap ways to win the case related to property....
Asked 3 years ago
You better take help local lawyer as further advice requires scrutiny of all petitions and orders passed till now.
Sir, I want to inquire some facts (in Criminal case @ 420):-
1. Can complainant change her statement (from FIR) continuously? Can she increase money? Sales Deed of her house was Rs. 8.00 Lacs, but she is saying that she sold her house at Rs. 20.00 Lacs?
2. In Biana of same house, I want not present.
3. Can she introduce new or false witnesses to prove me guilty?
4. Can she declined her own signed and notarized receipt of money?
Thanks in advance...
Asked 2 years ago