wait for filing of FSL report
2) then apply for discharge in trial court as there is no evidence against you
3) if report of FSL is against you then face trial
4) do not file for quashing at present in HC
What should I do after filing chargesheet
I have been booked under IT Act 66E, 354c & 511. Un-conditional bail is granted on very next day of my arrest. Someone put CCTV camera in my neighbor room Police also captured camera from the site (no evidence that camera is belong to me) Police arrested me suspiciously since camera cable was passing from my ceiling My laptops & mobiles are captured (no evidence found of any images/video) Police has now filled charge sheet with above 03 charges against me However, FSL report is pending so police has not submitted it along with charge sheet (I know FSL report will be NIL) This was a case to fix me to take revenge. Framing of charges is scheduled next week. Pla advise me: 1) should I file quashing of charge sheet/FIR in high court ? 2) Is it prima facie case ? 3) Can I avoid framing of charges due pending FSL report 4) Can I apply in court for closing since no any direct evidences against me 5) Should I face trial ?
Asked 8 years ago in Criminal Law
Religion: Hindu
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6 Answers
1. yes,your case seems to have good merit in terms of quashing.
2. Without seeing the contents of complaint I can not say whether there is prima facie case or not.
3. If you file quashing petition then only avoid framing of charge. Else go for it.
4. There is no such provision unless you apply for discharge at the time of framing of charge.
5. Yes
1. You may wait until the charge sheet is filed before court to decide about gong for quash or not.
2. The police have taken cognizance hence prima facie the case is made out as per police.
3. You cannot do anything about it, it is the decision of police and you have no rights to interfere in their duty.
4. No such application will be entertained by court, you have to wait for the trial to begin where you can express whatever you would feel right, before the court, during trial proceedings
5. It will be a good option to face trial and get acquitted.
1) Charges of IT Act-66 and 511 are applied on me. Is 511 can be removed since IT Act is special act and it includes ATTEMPT punishment also. 2) Is my case compoundable ? if yes then court permission require ? 3) Do I have to be present during all dates of trials ? Since I am located 2000 kms away from court so how may I avoid attending trial dates ? 4) How can we challenge FSL report if it seems some discrepancies ? 5) Till how long my bail will continue ? (currently it is un-conditional)
Asked 8 years ago
1. yes as per the recent decision of SC CHARGE U/S511 WOULD BE REMOVED.
2. iT CAN BE QUASHED ON MUTUAL CONSENT FORM HIGH COURT.
3. You seek exemption on personal attendant vide section 205 crpc.
4.Without seeing it I can not advise.
5. As long as case is pending.
You can make application for exemption until further orders
2) you need not remain present on each date if court has granted you exemption from personal appearance
3) you have not mentioned what are the nature of discrepancies
4) your bail would continue as it is unconditional
1. Just because the section 66 of IT Act has been included, it is not necessary to remove section 511 IPC, that has no relevance to this.
2. CLASSIFICATION OF OFFENCE Punishment—Imprisonment for life or imprisonment not exceeding half of the longest term provided for the offence, or fine, or both—According as the offence is cognizable or non-cognizable—According as the offence attempted by the offender is bailable or not—Triable by the court by which the offence attempted is triable—Non-compoundable. comments Moral guilt and injury Section 511 is a general provision dealing with attempts to commit offences not made punishable by other specific sections. It makes punishable all attempts to commit offences punishable with imprisonment and not only those punishable with death.
3. In a criminal case trial, until and unless permitted by court to dispense with personal appearance under section 205 cr.p.c., you cannot avoid appearance before the court on the date hearing.
4. You can challenge the FSL report during cross examination.
5. Till the disposal of the case.