Chaitra 13 June 2018

Criteria for discharge

Wife calls husband and abuses his whole family, wifes brother sends abusive audio and abusive text messages to his whatsapp abusing him alone. Father of the victim files 2 ncrs for each of the said crimes .Since threatening calls continued pcr was filed (son was outside country while pcr was filed and reason for son not filing ncrs as he was sick and could not go to the station has been mentioned in pcr). Chargesheet was filed in absence of victim and stay was bought .Stay has been vacated and they have now moved for discharge stating that the actual victim did not give complaint or is not a witness .Please suggest legal remedies so that case will not be discharged and the guilty are punished.

Reply Follow

7 Replies

TGK REDDI 13 June 2018

The husband must be the first witness, called PW1. He must come from abroad.

Chaitra 13 June 2018

Thank you Sir. It will be of great help if you can let me know the procedure for the same.

TGK REDDI 13 June 2018

When the prosecution evidence begins, he should make himself present. A couple of defaults are, however, normally condoned.

Chaitra 13 June 2018

Is he being PW1 mandatory? Or is it fine to add as PW9 as we already have 8 witnesses .Also we were adviced to get to supplementary chargesheet filed by police and send it to the court adding him as witness? Please advise.

TGK REDDI 13 June 2018

It's a surprise the victim was not mentioned as PW1 in the first charge sheet. Yes. It's possible in the supplementary one.

Chaitra 13 June 2018

Sir he was not in India when chargesheet was filed or when the pcr was filed by his father in his absence but when he actually got the threatening messages and calls may be a month after he had emailed commissioner of police regarding the same where i was copied. So I forwarded the email to the concerned officers to consider this as his statement/witness but the police failed to do so. Another lawyer is suggesting to move crpc 311 what is ur suggestion?