Legal Question in Criminal Law in India

Dismissal of Proceedings for charges under IPC Ss 408, 409

If the evidence is not led by the court till 3-4yrs, after the charge had been framed on the accused under Ss 408, 409 IPC, then can an application for the dismissal of proceedings be filed? If yes, then, can you please provide me the list of some citations & authorities of Supreme Court & High Courts of India supporting it.


Asked on 10/18/02, 5:29 am

2 Answers from Attorneys
Mahesh T. Pai M. A. T. Pai & Mahesh T. Pai

Re: Dismissal of Proceedings for charges under IPC Ss 408, 409

Dear friend,

Please provide the following details:- (1) date of offence (2) date of filing chargesheet / final report by the police (3) date the accused appeared in court (4) date of recording plea.

The answer to the your question will depend on the above.

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Answered on 10/18/02, 12:25 pm
Vishwa Arya Arya & Co.

Re: Dismissal of Proceedings for charges under IPC Ss 408, 409

In a very recent judgment, the Hon'ble Supreme Court has overruled its obiter dicta laid down in earlier judgments in Common Cause vs Union of India and Raj Deo Sharma Vs State of Bihar. The new judgment says that no time frame can be set for criminal trial as was laid in above two cases.

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Answered on 10/18/02, 1:11 pm


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