framing charges in p c act
Querist :
Anonymous
(Querist) 19 May 2011
This query is : Resolved
ir
The following are the brief facts of a case pertaining to corruption filed by cbi.
A: An advocate, B: Jr. Adv. of A or assistant to A C: A Govt employee D: Govt Employee
Complainant has filed a complaiant to CBI that A had informed him that C and D are demanding bribe to do a work. Thereafter the Complt accompanied A and met those C and D and A Spoake to them in a regional language which the Comp did not understand and A informed him that they are demanding money. On the next ay A B and C met the complt and showed that the work is already done and B demanded money from the complt. Again two days after the complt.lodges a complaint with CBI informing and naming C and D in the complaiant demanding bribe. On this fateful day A informs the complt that he is coming alongwith the said staff to the place where the complt. was staying and took B and C with him. The introduction takes place between Complt. B and C.It may be no9ted that A took these two persons B and C by naming them as govt stafff wheras B is the jr to A. hence A mighyt have projected his junior B as D or impersonated as D.Since the complt. has never met D in any manner, so only on the basis of hearsay of A he presumed that the person in front of him is D and named him in the complaint.Now the CBI lodged an FIR naming B and C. Nmae of D not mentioned in the FIR. In the evening on the same day A again took B to collect the money . when B was caught red handed he could not say anything for whom the money is meant for etc. Then A minformed the CBI that the money is taken for C and D. A was in fear because B might handover the money to him and he will be caught so in fear he told the CBI that this taintyed part is meant for C aand D. Instead of Calling C from his mobile A contacts D, since A knows that contacting C will again put him in trouble since again C will name him to CBI . D did not know anything about what was hapopening. A called D and requested him to come outside for a discussion unknowingly D mmeets him. On the meetuing B ask a query about the procedures of about a work. for which D explains about the systematic way and procedures. nowhere in the conversation any particular work or anything of that nature takes place only about the procedure and ways were taken place. B was in fear be cause he impersonated as D so he somehow hands over the money to D without his knowledge just places the money in the hands of D. Immy D was caught by CBI thereafter they directed him to contact C and handed over the money to C . wityhout any h3sitaqtion or reply C accepted the money and was caught.
The work for which the money wqas demanded or paid or extraqcted that work was already done as per the directions. C and D Cannot do this work and no way related to that work they are very junior 3empoloyees.
Now th CBI has charged all the four awith sec 120B, read with 7,8,1392) and 13(1)(d)
Now my question before the expers ais :
What is the meaning of Read with.
What will happen at the framing of charges whether charges will be equal ato all the four or different charges will be framed, if so what charges are likely to be against D and what defence D should take to counter the allegation because he never met anyon3 nor conspired with any one.Particularly he never met the complt and never seen him. it was A who impersonated his jr. B as D and toook him to the complt by posing him as D (verification memo says) why cbi did not take this fact while investigating. If D o for a discharge w2hether he should file a written synopsis or simply argue orally . The new development in this case is the complt has written a letter to CBI director claiming that A is his best friend and is in no way connected to this act so he should be discharged ior freed.
Name of A was not mentioned in the complaint and ain the FIR but he was Chargesheeted as Accused
Name of B was not mentioned in the complaint but he was named in the FiR
Arrested and got baiul
What is the meaning of Read with.
What will happen at the framing of charges
whether charges will be equal ato all the four or different charges will be framed,
if so what charges are likely to be against D and
what defence D should take to counter the allegation because he never met anyon3 nor conspired with any one.Particularly he never met the complt and never seen him. it was A who impersonated his jr. B as D and toook him to the complt by posing him as D (verification memo says) why cbi did not take this fact while investigating. If D o for a discharge w2hether he should file a written synopsis or simply argue orally .
Guest
(Expert) 19 May 2011
Not so simple as you asked. CBI cases in PC Act are not so simle to suggest you about your defence in a very few words. You will have to hire an experienced lawyer to fight your case, who would also explain you step by step about all the intricacies of the case and develop some strategy to defend you. The PC cases take years to settle.
