Discharge from 366 of ipc
muthuraajan.j
(Querist) 11 June 2012
This query is : Resolved
21 years major girl ranaway from her home because of her non interest in marriage which was arrabged by her parents.get a job joind working women hostel.parent given a criminal complaint against a man who is live in nearby house,police registered FIR against him offence us 366 of ipc.in this stage girl appeared before magistrate suomotily and stated that nobody was abducted her,that was recorded us 164(5) of crpc,then antipatory bail granted in favour of that accused.chargesheet was not filed.what are the legal remedies to this accused?can file discharge petition before magistrate.?
Devajyoti Barman
(Expert) 11 June 2012
Go for quashing in the high court.
The proof of age should be beyond any doubt.
Adv.R.P.Chugh
(Expert) 11 June 2012
Go in for a quashing. This appears to be a malafide prosecution.
R.K Nanda
(Expert) 11 June 2012
File quash petition in high court.
Guest
(Expert) 11 June 2012
Move HC for quashing immediately.
Kiran Kumar
(Expert) 11 June 2012
You said the police has yet not presented Chargesheet to the court....if the above facts are considered the police may file a cancellation report instead and the same can be accepted by the court in view of the facts mentioned by you.
but if there is some apprehension that the police will go other way then go in for Quashing petition before the Hon'ble HC.
Kiran Kumar
(Expert) 11 June 2012
You said the police has yet not presented Chargesheet to the court....if the above facts are considered the police may file a cancellation report instead and the same can be accepted by the court in view of the facts mentioned by you.
but if there is some apprehension that the police will go other way then go in for Quashing petition before the Hon'ble HC.
Kiran Kumar
(Expert) 11 June 2012
You said the police has yet not presented Chargesheet to the court....if the above facts are considered the police may file a cancellation report instead and the same can be accepted by the court in view of the facts mentioned by you.
but if there is some apprehension that the police will go other way then go in for Quashing petition before the Hon'ble HC.
PARTHA P BORBORA
(Expert) 11 June 2012
in my opinion police will submit a finale report on the basis of statement of the victim u/s 164. So wait until police submitted a finale report. I believe that police will submit a finale report in such kind of case. So wait nd see.
Shonee Kapoor
(Expert) 12 June 2012
Agreed with experts, better wait.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
SAINATH DEVALLA
(Expert) 13 June 2012
You and your advocate should be very careful in the draft when you are filing a quash in HC.The quash entirely depends on the merits and the necesary ingriedents in the petition.
