• Case of 353 and 506

Dear all, During m.p.election dec2018.i was on way to home By my car ..a perosn on election duty stopped me and checked my car ..i had argument on my personal bag of clothe .immediately police lodged FIR on me and my brother 353/186/188/506/34.police shown arrested and then released. Police completed charge sheet and magistrate given bail.in charge sheet mentioned that we sought on govt employee and given treat of murder .Now trial has started charge of 353 and 506 .my borther recordered all in mobile .there was not a single word was wrong.no word ,treat or criminal force used..kindly suggest how to process case . .Regards Mukesh
Asked 6 years ago in Criminal Law
Religion: Hindu

4 answers received in 30 minutes.

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9 Answers

Than why didn`t you provided the recording to investigation officer while investigation. File application in court to take on record, voice recording and than file discharge application.

In Some Cases, Trial Court Can Summon Or Rely Upon Documents Not Part Of Charge Sheet:

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

You can go for quashing in high court on the basis of that recording.  You can file case against them for false prosecution and claim compensation

Prashant Nayak
Advocate, Mumbai
34715 Answers
250 Consultations

As tge chargw sheet has been submitted and the trial has begun file an application in tge high court for quashing of the charge sheet.

If it doesn't then the trial will go on.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1.  The recording on the Mobile instrument is a key evidence in your favor.

2.  Give the Mobile to local Forensic Expert for his opinion and report on the genuineness & transcript of the recording.

3.  Produce the Mobile, the Report & the Transcript, in court during trial and cross-examine the person on election duty.

4.  The above would get you a clean acquittal into the false case.

 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

File petition for quashing in HC 

 

in alternative file for discharge before trial court 

Ajay Sethi
Advocate, Mumbai
100043 Answers
8168 Consultations

See first the prosecution witness shall be recorded in same you can cross examine there witness in your defense witness you can produce the recorded video along with the 65-B certificate before the court and court may take same on record.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You should hv file a quashing petition before the high court. 

Now you can file revision against charge on the basis of recording

Tarun Budhiraja
Advocate, Rohtak
379 Answers

Dear,

       As you mentioned you have proof of voice recording of that day,

       you should provide this detail to your lawyer and investing office of your case.

       Charge sheet is filed, so file writ in high court for quashing it.

Tarun Agarwal
Advocate, Jaipur
768 Answers
3 Consultations

you can directly file the quashing of FIR in the High court. 

Mohammed Mujeeb
Advocate, Hyderabad
19382 Answers
32 Consultations

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