• Discharge on ACB case

(my question was earlier published in your sight on 05.05.2018 on the same issue without submitting the chargsheet)

My observations:
1.	neither i have arrested nor un-authorized found by the acb during the surprise check as well as i have no pending official favour.
2.	Ao4 (g.rama rao, private person) is expired now.
3.	in the fsl report it was opinioned that there are some similarities not exactly matched with my handwritings.
4. i have taken chargesheet now
Asked 4 years ago in Criminal Law
Religion: Hindu

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8 Answers

file for discharge before trial court if there is no evidence against you

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

1. This is a great news.

What legal opinion do you seek now Sir?

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

The evidences you have mentioned works in your favour.

Though in disciplinary proceeding the degree of proof is less stricter than the criminal trial, the evidence is not enough to fasten the guilt on you.

So I can expect your discharge form the proceeding without any punishment.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

So in this situation the discharge application can be file with the trail court based on the fact that no substantial allegations against you in the charge sheet further if trail court rejects the application file a quashing petition before the high court or you can appeal the discharge order. Further prosecution shall not end on the expiry of the private person.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

If the charge sheet has been submitted in the court then it becomes your duty to defend yourself with the support of an advocate skilled in this field.

You may gather all those points which are in your favor for defending yourself in the trial proceedings.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

Firslty, Sir, as you have stated that chargesheet has been filed now then I would definitely advice you to file for the quashing of the FIR in the high court under Writ jutlrisdiction of article 226.

Secondly, as there are doubts in the false report you should also ask for ye stay in the proceedings before the trial court till the final kutcone of the writ.

Thirdly, there are great chances of getting discharged for sure.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

hello

kindly elaborate as to the contents of the charge sheet and then only I can give you a sound legal advice.

from what you have told me, there are doubts relating to your handwritings which is a favorable situation.

regards

Rahul Mishra
Advocate, Lucknow
13760 Answers
65 Consultations

5.0 on 5.0

Dear Sir,

You can seek discharge if charge sheet before the trial court and if it is rejected then approach high court there you will get real justice. Never go for trial since there are so many loopholes in prosecution case. You will succeed

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

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