Legal Question in Criminal Law in India

I was wrongly framed by local police under section 332, 353, 186 & 160. Magistrate court discharged me under the Cr.P.C section 195(1) which says that complainan (policyman) was to file a written complaint before the court and only then court could have taken cognizance.
After this judgement state/public prosecutor has appealed in session court under 397 Cr.P.C. for revision of judgment. I have following two questions:
1. Kindly let me know the exact meaning of section 401(3) of Cr.P.C, which i observe says that i cannot be convicted now.
2. Can i be again discharged on the grounds of section 195(1) Cr.P.C. since policeman has not given written complaint to court at the time of my arrest.
3. How helpful will be the fact that both the witnesses which policeman(public servant) have produced are also policemen(public servant)
Thanks.
Gagan.

Asked on 3/16/10, 1:58 am

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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0 attorneys agreed

You may better conduct the case before Sessions through a local lawyer.

Answered on 3/16/10, 6:09 am

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