Section 471 IPC deals with forgery. Charging the accused under Sec. 420 is not in your hands. The Police has to do that. You can approach the Police and explain them the issue. If they feel that it needed to charge under 420, they will file a petition before the court and the court may allow the petition. But it is too late. Contact police people immediately. Judges will be neutral, they will not go against anybody. They are related to the merits of the case.
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sir i want help as in my matter order are passsed by judge against accused under section 471 ipc charges are framed and for trail but now my advocate is saying that we can also challenge court order as accused should also be framed under section 420 ipc but he is saying that if we challenge this court order judge can go against us... and also he is saying that accused can also challenge the order in court and for this procedure we have time limit of 3 months....i want help what to do further as my advocate is saying us to decide that challenge this order or wait for accused to challenge the order.. sir if accused person challenge this order then in our defence we can argue for 420 section in stead of challenging the order directly as my advocate is saying tht if we will challenge first judge can go against us as till now he is in our favour... thanx pls help.
Asked 10 years ago in Criminal Law
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5 Answers
yes you can chellenge in high court ,as far as accused is concerned he has all the rights to chellenge which you also have
Your advocate is right.
The rights which have been conferred on you have been conferred on the accused as well. You may challenge that part of the court order whereby it has not applied section 420 against the accused, whereas accused may challenge imposition of section 471 against him by the court. In the event either of you challenge the court order the challenge will be heard and decided on merits having regard to the facts and circumstances of the case.
my case was not filed through police procedure i have filed the case directly in court as criminal complaint against seller and purchaser both but court has summoned only seller and after whole procedure and argumnets judge framed charges on seller under section 471 ipc..
Asked 10 years ago
now in my case problem i m facing is that my advocate is saying us to tell him wheather to challenge the charges framed by jugde i.e. section 471 as he is saying that accused should be charged under section 420 ipc too and case should be registered against purchaser also.. so what should i tell him to challenge or not..and also i want to ask that accused can also challenge the court charges framed against them in same court or they have to go to higher court i.e. high court.
Asked 10 years ago
kindly follow your advocate advice as he is the better judge of your facts
We have already acquainted you with your legal rights. Make an informed decision on the basis of facts of your case and under the advice of your lawyer and thereafter communicate your willingness or lack of it to challenge the order of framing charges.