accused can file petition for quashing of FIR
2) rely upon evidence in his possession that on material date he was present in ITI and could not have been part of criminal conspriacy
3) in alternative file for discharge before trial court
Discharge from case
Out of 11 accused for the alleged offences under sec 147,148449,294(b),506(2) and 302 IPC accused 10 was included in the case as per the confession statement of A1 and alteration of FIR done to include him under sec 120(b). The allegation against him 1. on a particular date A10 along with others was waiting to murder the deceased in a certain place but the deceased went through another way. 2. A day before the incident A10 asked the other accused to go and murder the deceased. 3. He traced the deceased photo and address and downloaded to help the other accused. The father of A10 was taken into police custody on the day of occurrence in the mid night & held him for 2 days. On the third day he was released on a condition to bring A10. His mother informed A10 that he was being searched for a murder, while he was in his class. On hearing this he contacted a lawyer nearby, since there was a months long boycott, he surrendered before JM for he was afraid of the torture of Police He was a student of an ITI some 75 miles away from his hometown and around 50 kms from the place occurrence. the case has come up for trial, all other 10 accused absconded and last month all appeared, next hearing except A10 all absent, no copy of charge sheet given, questioning and committal is being delayed because of the absence of other 10 Now A10 has evidence of attendance in ITI, ID of ITI for the year 2015-16 including all the dates stated by the police & also the date of occurrence. A letter from the ITI regarding his date of admission and date from which he was absent after the occurrence is also available..he is also regularly appearing for all competitive exams, and waiting for a job, his mother is a cancer patient, since he is the only son he could not be available near her for the police have warned him to arrest him in other put up cases if he comes to his hometown.In FIR no names registered. The question is how fast can he be relieved from this case and the way, ie filing discharge petition in lower court or go for quash/direction to discharge in HC. if so what are the evidences to be shown in favour of him
Asked 8 years ago in Criminal Law
Religion: Christian
4 Answers
Q. accused 10 was included in the case as per the confession statement of A1
A. accused cannot be fastened only on the confession of co-accused unless and until some credible evidence produced before the court to show that A 10 was also involved in the commission of offence. confessional statement is relevant evidence against the accused only who made such confession. it is irrelevant against other co-accused. You have sufficient evidence in support of which you can strike out your name. file a petition before the high court under section 482 crpc.
1. Since there is delay in committal due to absence of A10 he should appear before the court to enable the magistrate to make the committal proceedings to the court of session. Once the committal is made A10 can apply for discharge to the Sessions Court. If the Sessions Court rejects the application for discharge he can either move the High Court or face the trial.
2. Without perusal of the documents it is not possible to state which of those are to be produced before the court.
Without a charge sheet, he may not be able to file a discharge petition.
On the basis of authentic evidence in his possession he may file a petition under section 482 cr.p.c seeking to quash the charges in his name and to remove his name from the case by absolving the charges agaisnt him .
