• Grounds to file discharge petition from ACB case

Brief facts of the chargesheet:
Charge sheet filed u/s 7,12,13(1)(a)(d) & (e) r/w 13(2) of PC Act, 1988 and 120-B IPC filed by the Anti-corruption Burea,Vsp.

The ACB,Vsp filed charge sheet against the three Govt. employees vi.z, 1.Sub Registrar, 2.Senior Asst. and 3. Office Subordinate and fourth one is the Private Person(AO4). In which, I am one of the 2nd person(AO2) falls under the category public servant as defined under 2© of the PC Act, 1988.
	During the surprise check, the ACB have intercepted maruthi car of the AO1 and found cash in his laptop bag Rs.66100/- along with some other account slips wraped in a white paper as well as Rs.400/- personal cash of the AO1.
	There are two unauthorized private assts also found present in the office and there is cahs of Rs.2800/- found in their possession and seized, and the Rs.103600/- along with account slips in the record room of the office.
	 Reveals that AO1 demanding bride and staff AO2 &3 Others approaching for registration collecting the bribe amount direcly or through AO3, Keeping the so collected bride amount along with accounts slips containing the details of bride collected for each document with A4 and apportion between AOS 1 to 3 and other Staff members.
	On the strength of the Surpise check report, the ACB registered a case against AO1 u/s 13(1)(a)(d)&(e)(d) & (c) r/w 13(2) of PC Act, and AO1 was arrested on 28.01.2011.
	Later investigation, it reveals that the account slips said to have contains hand writings of AO2&AO3 and admitted handwritings of AO2&3 were sent of FSL. After that the Forensic authorities have opined that there are similarities between the writings marked. 
	After sanction orders obtained from the Government this charge sheet has been filed u/s 7,12,13(1)(a)(d) & (e) r/w 13(2) of PC Act, 1988 and 120-B IPC filed by the Anti-corruption Burea,Vsp accordingly.

	In this case, I have neither arrested nor un-authorized cash found by the ACB during the Surprise Check as well as I have no pending official favour.

	What are grounds for discharge in the event of charge sheet filed by the ACB,Vsp. (Citations/judgements also to the supplied).

Thanking You Sir
(Awaiting for your valuable views)
Asked 4 years ago in Criminal Law
Religion: Hindu

3 answers received in 1 hour.

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15 Answers

It is necessary to peruse charge sheet filed against you to advice

2) it should be your case that no unauthorised cash was found in your possession

3) that you don’t have any assets disproportionate to your income

4) that there is no evidence of any bribe collected by you

5) account slips do not bear your signature

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

Firstly, as per the presumption of law in our jurisprudence of law is that even if someone is not directly involved in any offence but indirectly there is a proof to shadow his involvement then also he can be prosecuted in the same way of the prime accused.

Secondly, though you can be discharged also if argued well in accordance with the chrgesheet filed.

Thirdly, meaning here by is that your lawyer would need to show the discrepancies in the initial report of surprise check and chargesheet.

And I am sure that there must be something over which you can argue and get out of the same.

Rest, may advice you more better if happen to see your chrgesheet copy.

Good Luck...!

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Dear Client,

First ingredient to impose PC act is demand.

Recovery Of Notes Without Proof Of Demand Not Sufficient To Convict A Public Servant Under PC Act: Allahabad HC [Read Judgment]...

Read more at: http://www.livelaw.in/recovery-notes-without-proof-demand-not-sufficient-convict-public-servant-pc-act-allahabad-hc/

Charge sheet filed and No arrest ? than u r not implicated by police, what the need of discharge when no case.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

The discharge on your case can be on ground first directly indirectly found in connection to offence.

In case of prevention of corruption there is no demand and there is no recovery of tented money from you, also if in charge sheet investigation officer does not find any connection or role attributed to you then you can file a discharge application.

Charge sheet, statements of the witness has to be perused for grounds of discharge application.

Further also if in case discharge is rejected then you can file a quashing petition before high court for you.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Hi,

In the present case, as you have mentioned, there is similarity of handwriting but it is not confirmed for what purposes or whose account slips it belonged to. Many things depend on the charge sheet. You may then apply for discharge.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

In this situation when the court will frame charges against accused then you should file an application under section 227 of the code of criminal procedure for discharge on the basis that there is no evidence in the police report filed by the investigating officer under section 173 of the code of criminal procedure that I have committed any offence mentioned in the charge sheet.

The court is bound to appreciate the evidence collected by the investigating officer at the stage of framing of charges against the accused. If there is no sufficient evidence on the record to show that a particular accused has committed any offence then it is duty of the court to discharge that accused.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

Hi

In your case, it appears that AO1 (Sub Registrar) has been named as the person demanding bribe in the charge sheet and also that cash amount of 66100 along with some other account slips as well as 400 personal cash seized from AO1.

It also appears that 2 private assistants were found to be in present in the office and cash 2800 seized from them and Rs103600 along with account slips seized from record room in the office.

So, whilst allegation against A01 seem to be a serious allegation, it appears that allegation against you is feeble and there is a fair chance for you to succeed given that no un authorised cash was found in your possession.

Primarily in all cases PC Act cases, The demand of illegal gratification by the accused is a sine qua non for constitution of an offence under Sections 7 and 13(1)(d) read with Section 13(2) of the PC Act.

Judgments of Supreme Court in B. Jayaraj v. State of Andhra Pradesh, A. Subair v. State of Kerala and State of Kerala & Anr. v. C.P. Rao, after interpreting Sections 7 and 13(1)(d) of the PC Act, has held that the demand of bribe money made by the accused in a corruption case is a sine qua non to punish the accused for the above said offences.

With reference to the monies recovered from record room the judgment of supreme court in M.K. Harshan v. State of Kerala will be of immense help in your case. In the case of MK HARSHAN, the tainted money was kept in the drawer of the accused who denied the same and said that it was put in the drawer without his knowledge, held as under:

a) It is in this context the courts have cautioned that as a rule of prudence, some corroboration is necessary. In all such type of cases of bribery, two aspects are important.

a1) Firstly, there must be a demand and secondly, there must be acceptance in the sense that the accused has obtained the illegal gratification.

a2) Mere demand by itself is not sufficient to establish the offence.

a3) Therefore, the other aspect, namely, acceptance is very important and when the accused has come forward with a plea that the currency notes were put in the drawer without his knowledge, then there must be clinching evidence to show that it was with the tacit approval of the accused that the money had been put in the drawer as an illegal gratification.’…” (emphasis supplied)

Also you will need to ensure that the evidences of FSL is challenged u/s 145 of Evidence act.

So in all likelihood, your grounds for discharge should be

a) No demand and

b) No seizure of monies from you and

c) Hence no Illegal gratification.

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2169 Answers
394 Consultations

5.0 on 5.0

Under section 227 cr.p.c.:

If, upon consideration of the record of the case and the documents submitted therewith, and after hearing the submissions of the accused and the prosecution in this behalf, the Judge considers that there is not sufficient ground for proceeding against the accused, he shall discharge the accused and record his reasons for so doing.

So, you may prepare the pleadings after going through the charges in the charge sheet filed before court on the basis of the defence whatever you may rely upon.

T Kalaiselvan
Advocate, Vellore
78097 Answers
1543 Consultations

5.0 on 5.0

Dear Sir,

You being AO2\Senior Asst. have not role to play. The evidence so collected directly links between AO1 and AO3 who is supposed to be taking bag and laptop to the car of AO1.

You could file a discharge application before the trial court and if rejected you may approach the HC.

After getting copy handwriting expert report you may seek for second opinion. After filing charge sheet we can how your role was linked and what ground you can take for discharge. As of no you are innocent and there is no link between you and the complainant since no work is pending on your table belonging to the Complainant. It is good case for discharge. I have conducted so many enquiries.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

On the basis of chargesheet sheet you need to make out that there is no case made out by prosecution. If you can establish the same on the basis of chargesheet you will be discharged. No harm in filing the same

Prashant Nayak
Advocate, Mumbai
27267 Answers
88 Consultations

4.4 on 5.0

You have to opt for feature review of legal documents

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

You can contact the advocate of your choice by fixing a personal consultation through this forum and can enquire form the advocate the mode of despatch of the said documents for his/her perusal and opinion.

T Kalaiselvan
Advocate, Vellore
78097 Answers
1543 Consultations

5.0 on 5.0

Hi,

The charge sheet contains specific charges levelled against accused. You may get its certified copy from concerned court and mention those details here.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

Sir either you can reach out vide phone consultation where you can mail and attach documents further here you can type the paragraph as alleged against you from charge sheet.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You may opt for phone consultation and thereafter send the documents and seek legal advise.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

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