False case

guddu (Querist) 02 May 2015 This query is : Resolved
my girlfriend had filed a false case of extortion us 385 IPC that i am blackmailing her by using her private photos. chargesheet has been submitted police said photo was deleted by accused and not able to recovered. my question is As photos were deleted then prima facie case made out..? or its an empty threat...? only statement of girl as an evidence. please help me

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Devajyoti Barman (Expert) 02 May 2015
Since charge sheet is submitted trial will commence. If the photos are not retrieved then the case will go in your favour.

guddu (Querist) 02 May 2015
but trial will take too much time.Is there any possibility to discharge at the time of argument for framing the charge....?

Nadeem Qureshi (Expert) 02 May 2015
Yes, there is chance argue the matter when the charge frame with the help of lawyer, if you think that you are unable to argue the matter yourself

Rajendra K Goyal (Expert) 02 May 2015
Yes the fact may be argued accordingly.

Raj Kumar Makkad (Expert) 04 May 2015
You should file a petition under section 482 of criminal procedure code before high court as the basic evidence is lacking hence there are no chance for the prosecution to bring the case to the fag end as desired by them.

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