• Bombay Police Act – Section 37(1) (3) read with Section 135

The Pune deccan gymkhana police station had pressed charges against me and 14 others on 16 march 2014 that we have participated and instigated morcha during a time when the commisioner had prohibited public gathering. All 15 of us are out on bail bond and have pleaded 'not guilty' after the state police submitted their 'charge sheet'. Now the case is just moving from one hearing date to another and no hearing is happening because all 15 of us and the police are never present together. 
Honestly I was not present during the rally, I was indicted because my name was present as one of the 6 contact persons in the pamphlets distributed during the rally. I want to get out of this case, please suggest a way out.
Asked 7 years ago in Criminal Law
Religion: Hindu

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7 Answers

If you are confident about the genuineness in your side and are possessing valid evidence to support your claim, you may file a petition under section 482 cr.p.c. before high court seeking to quash this false case alternately you can file a discharge petition before the trial court to discharge you from the case since you have been implicate falsely by the police i this case.

Discuss with your advocate and proceed as per further advise on the issue.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

The court has to hold a trial to determine the guilt or innocence of the accused persons. If the chargesheet has been filed but the trial is not commencing then you may move the Bombay HC through a writ petition to seek an expeditious disposal of the case. The accused has the right to have a speedy trial.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1) you were one of the organisers of the rally . since your name is mentioned in the pamphlet as contact person police have pressed charges against you

2) you can apply for discharge before trial court as you did not particpate in the morcha and as such have not violated any order of police prhibiting public gathering

Ajay Sethi
Advocate, Mumbai
95198 Answers
7607 Consultations

5.0 on 5.0

1. Unless and until charge sheet is submitted and charge is framed the trial will not proceed.

2. So You have to wait for sometime as within 2 years trial does not start.

3.However of you find that there is unreasonable delay in start of the trial you can file a petition high court seeking direction from court for expeditious disposal of the case so trial starts at the earliest.

4.Another option is to go for quashing if there is no allegation against you.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
497 Consultations

5.0 on 5.0

1) you can plead not guilty

2) you can also move HC for quashing of FIR as you were not present personally during the morcha and have not violated any court orders

Ajay Sethi
Advocate, Mumbai
95198 Answers
7607 Consultations

5.0 on 5.0

Since all the accused are not present before the court together in the initial or first hearing, the copies of charge sheet wold not have been given to the accused and the questioning session also would not have taken place.

Hence you can go ahead with the quash petition at this stage by filing a petition before high court.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

If the accused had not appeared then the court would not have framed the charges. So you should appear before the court on the next date of hearing,lest warrants issue against you.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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