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Case running for 30 yrs can we ask court to drop charges


18-Feb-2023 (In Criminal Law)
in 1980, 4 family members(brothers & a father) were involve in a fight with neighbour in which one neighbour of lost his one leg.Police investigated & filed chargesheet that elder brother hit with axe and other two supported with lathi(stick) of them 1 brother was minor (16 years 4 months).session Court gave 10 yrs jailto all.We appealed in high court and got bail ,now after 30 yrs court hearing date has came in 2016 but other 2 brother and father is dead,Can high court grant leave to minor on basis of his age at time of crime?
Answers (2)

Answer #1
987 votes
in 1980, 4 family members(brothers & a father) were involve in a fight with neighbour in which one neighbour of lost his one leg.Police investigated & filed chargesheet that elder brother hit with axe and other two supported with lathi(stick) of them 1 brother was minor (16 years 4 months).session Court gave 10 yrs jailto all.We appealed in high court and got bail ,now after 30 yrs court hearing date has came in 2016 but other 2 brother and father is dead,Can high court grant leave to minor on basis of his age at time of crime?--- out of 3 accused 2 are dead and one at the time of commission of crime was a minor. this is lack of judicial system that the case is pending since 30 years you or your advocate should have filed an application for early hearing now as the matter is fixed you can ask the court to acquit you from the matter as you have already gone through a lot in past 30 years.
Answer #2
692 votes
Yes. Since the boy was minor, it should have been bought to the notice of session court itself. Even now it can be done and told to the court that the boy was minor at the time if offence. It's a valid ground.

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