Legal Question in Criminal Law in India
In the present case the Prosecution has not delivered the charge sheet to one of the accused for last more than 5 years.The application of accused for issue or deliver the copies of charge sheet is on record for 21/2 years.Now the can the Magistrate frame the charges on the accused inspite of acused pressing for Chargesheet Copies.Can accused consul make application before the magistrate with mention that he intend to go for Discharge under Section 482 in the high court.
Vijay
2 Answers from Attorneys
the accused may move an application before the magistrate for non compliance of statutory provision and in case the magistrate refuse, the accused may approach the high court for discharge.
The Magistrate has a duty to supply copy of charge sheet and cannot frame charges unless copies have been supplied. You may better peruse all the zimni orders to examine if supply of copies has been recorded in one of the orders.
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