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Evidence before charge in 494 ipc.


10-Aug-2024 (In Criminal Law)
Namaskar. I m facing trial in 494 IPC. Stage of trial is Evidence before charge. Since last 6 years I m standing before trial court but neither court initiate the stage nor complainant produce evidence for framing of charges. Case was already expedited by HC in 2017. What legal remedies I can explore. Should I file discharge applicatn?
Answers (2)

Answer #1
750 votes
Sec 250(1) of BNSS, 2023 introduces a sixty-day time limit for the accused to file a discharge application from the date of committal in a sessions triable case. For warrant cases instituted on a police report, Sec 262(1)of BNSS 2023 stipulates that a discharge application can be filed within sixty days from the date of framing of charge.
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Advocate Pankaj Bajaj

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Answer #2
921 votes
Dear client, based on your question As you have filed the divorce case and just 2 months are over. This is a type of “CONTESTED DIVORCE” case and so it may require more than 3 to 4 years if you’re thinking something on short term then it can be done only after a mutual compromise level and regarding your notice to the wife whether it was given or not, it can be verified from the court itself. Whether it was through normal Speed Post or summons through a police station and accordingly the report will come on the next date. If there is service of summons by speed post it can be rejected but if it is service by the local police station then it will be accepted 100 percent. Kindly let us know as to how the notice was served and accordingly we can guide you.
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Advocate Anish Palkar

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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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