file for discharge before trial court if there is no evidence against you
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 5 years ago in Criminal Law
Religion: Hindu
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8 Answers
1. This is a great news.
What legal opinion do you seek now Sir?
Regards
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.
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.
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.
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.
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
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
