The process of criminal proceedings involves several stages, including the framing of charges and conducting trials. However, there may be instances where the charges are not framed correctly, or irregularities occur during the trial. In such cases, individuals have the legal right to challenge these issues. This blog post provides insights into how one can challenge improper framing of charges or irregular trials, offering guidance on the necessary steps and legal considerations.
Parties to the Application
In such cases, the accused or the convict becomes the applicant, while the state, along with the complainant in private prosecutions, becomes the respondents.
Jurisdiction of Courts
Material Facts to be Pleaded
When filing such an application, it is crucial to include specific facts, such as:
The limitation period for filing such an application is 90 days from the date of the impugned order. The time spent obtaining a certified copy of the order is deducted from this period. If there is a delay in approaching the court, a separate condonation application can be filed alongside the revision application, explaining the reasons for the delay.
The court fee varies from state to state. In Maharashtra, it is calculated based on the number of pages of documents attached to the revision application.
Compliance to Conditions, if Any
If applicable, ensure that there are no express legal bars or specific provisions preventing the institution and continuation of the proceedings. Explore any alternative legal remedies provided by the law.
The verification clause is a critical aspect of any legal application. It requires parties to specify which facts are true based on their own knowledge and which are based on information, belief, or legal advice. Failure to comply with this requirement may result in adverse consequences, including perjury or contempt of court charges.
In summary, challenging improper framing of charges or irregular trials is a legal right that individuals can exercise. To do so effectively, it’s crucial to follow the proper legal procedures, provide necessary factual details, and ensure compliance with verification requirements.
Note: This information is intended for general informational purposes only and should not be considered legal advice.