Challenging Charge Sheet in lower courts
Querist :
Anonymous
(Querist) 26 December 2010
This query is : Resolved
Against an FIR u/s 420/467/468/469 against me, I obtained Arresting Stay from High court till charge sheet. Later on police filed charge sheet. However I came to know about such charge sheet about after 3 years when I received BW from the concerned court.I moved for quashing of charge sheet before High court, but which was dismissed. Now my advocate is advising me to file petition u/s 239 instead of bail. Please advise.
Arun Kumar Bhagat
(Expert) 26 December 2010
First take bail thereafter you can file application under sec.239 i.e. after supply of copies.
yogesh
(Expert) 26 December 2010
239. When accused shall be discharged.
If, upon considering the police report and the documents sent with it under section 173 and making such examination, if any, of the accused as the Magistrate thinks necessary and after giving the prosecution and the accused an opportunity of being heard, the Magistrate considers the charge against the accused to be groundless, he shall discharge the accused, and record his reasons for so doing.
Advocate. Arunagiri
(Expert) 26 December 2010
but, the BW is pending. Either he has to get bail or recall petition has to be filed.
Only after that the 239 petition will be heard.
Devajyoti Barman
(Expert) 26 December 2010
I do not agree with the view of your advocate. Move the bail petition first.
Kirti Kar Tripathi
(Expert) 26 December 2010
Get bail before moving the application under 239. Since it is BW, there will be no problem in getting bail.
