Discharge of accused
DEEPAK ASSOCIATES
(Querist) 08 December 2011
This query is : Resolved
The police has filled the challan against the accused in case of 420-467-468-471 & 120 but there are only assertions against the accused in the FIR.
Further, during the investigation the police has put a receipt upon which the accused is a witness in the challan. But there is no averment of this receipt in the FIR and if the same is be taken on evidence it enhance the amount which complainant mentioned in the FIR. e.g.
the complaint has mentioned he entered into an agreement to sell of a shop for Rs 2,00,000/- and he paid a sum of rs 75,000/- on 07/12/11 and further paid a sum of rs 25,000/- to the accused and there are balance Rs 1,00,000/- to be paid at the time of execution.
the accused is neither the witness of these two receipt nor agreement to sell.
but the police has produce a receipt of rs 10,000/- apart from above two receipt (which has not mentioned in the FIR/complaint)
Now in this circumstances can the magistrate discharge the accused, if yes, kindly mention the authorities
Raj Kumar Makkad
(Expert) 09 December 2011
This FIR is fit to be quashed under section 482. Otherwise also the matter involved in the FIR is of a civil nature of transaction so no criminal case is sustainable in the given facts. Approach High Court for the desired relief.
Devajyoti Barman
(Expert) 09 December 2011
If the witness is no where in he picture of crime then he should try for quashing.
Shonee Kapoor
(Expert) 09 December 2011
Ld. Mr. Makkad is right.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
DEEPAK ASSOCIATES
(Querist) 09 December 2011
i need some authorities on discharge rather going in 482 CrPC
DEFENSE ADVOCATE.-firmaction@g
(Expert) 09 December 2011
Your story does NOT seems to be full ,some vital facts and chain of transactions seems missing otherwise police does not act .
Now case us before trial court so face the trial by demolishing the prosecution story.
Discharge is difficult and HC in such circumstances can give at the most speedy trial order.AND IT WILL BE EXPANSIVE UNLESS YOU CAN GO FURTHER ABOVE.
