S.L. 220.4 Art. 35Objection to charge.

(1) An accused before pleading to a charge may object to it on the grounds that it is not correct in law or is not framed in accordance with these Rules, and if he does so, the prosecutor may address the court in answer to the objection and the accused may reply to the prosecutor’s address.

(2) If the court uphold the objection, they shall either amend the charge, if permissible under rule 80, or adjourn and report to the convening officer:

Provided that if there is another charge or another charge-sheet before the court, the court may, before adjourning under this rule, proceed with the trial of such other charge or other charge-sheet.

(3) When a court report to the convening officer under this rule, the convening officer shall -

(a) if he approves the decision of the court to allow the objection -

(i) dissolve the court; or

(ii) where there is another charge or another charge-sheet before the court to which the objection does not relate and which the court has not tried, direct the court to proceed with the trial of such other charge or charge sheet only; or

(iii) amend the charge to which the objection relates if permissible under rule 81, and direct the court to try it as amended;

(b) if he disapproves the decision of the court to allow the objection -

(i) direct the court to try the charge; or

(ii) where there is another charge or another charge-sheet before the court to which the objection does not relate and which the court has not tried, direct the court to proceed with the trial of such other charge or charge-sheet only; or

(iii) convene a fresh court to try the accused.