Legal Question in Criminal Law in India

Case laws needed for following answers.

Yesterday i have asked two questions

1)Who is the trail court in case of offence under sec 395? whether JMFC or session court.

2)Is session court authorise to order further investigation after the charges are framed by JMFC but before the trial is commenced before session court.?

I have received following answers.

From Sudershan Goel-Both the courts may order re-investigation of the case under Section 173 (8) of Cr. P. C.

From Shrichand Nahar-

1. Sessions Court.

2. If case is committed, sessions court. Else committal court.

My next date before court is on monday. I NEED SOME CASE LAWS FOR ABOVE GIVEN ANSWERS TO PRODUCE BEFORE COURT. Kindly provide some imp case laws in regard to above Q & A. I really appreciate the help that has been given by Mr. Goel and MR. Nahar. You people are doing great work through LAWGURU. Thanks


Asked on 2/27/09, 4:24 am

3 Answers from Attorneys
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Case laws needed for following answers.

My colleagues have already answered excellently.

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Answered on 2/28/09, 12:47 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Case laws needed for following answers.

Repeated. answered already.

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Answered on 2/27/09, 8:01 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Case laws needed for following answers.

In a case triable by sessions court, charges are not framed by JMFC. Check correct factual position.

If you only give questions without facts, nothing further can be said.

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Answered on 2/28/09, 12:30 am


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