Legal Question in Criminal Law in India
in The present criminal case from india the main accused is absconded for last many years.Can the magistrate frame charges on the remaining accused and start trial.Can the other accused appeal for discharge in the high court.vijay
Asked on 2/21/10, 3:32 am
1 Answer from Attorneys
Sudershan Goel
India Law Offices of Sudershan Goel - Advocate
The Magistrate may exercise his discretion in the interest of justice and pass appropriate orders for desegregation of trial if so warranted in the facts and circumstances of the case. Any accused is entitled to approach the high court for quashing of proceedings if a case for his / her trial is not made out in accordance with law. However, the chances of success in a quashing petition u/s 482 Cr. P. C. are one in a million.
Answered on 2/21/10, 4:34 am
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