Discharge under s.239 of crpc

Advocate aslam (Querist) 27 January 2012 This query is : Resolved
hello sir

fir loadge of s. 143, 323, 332 of ipc.
In fir accused name is RAMANBHAI MOHANBHAI SONI but accused real name is RAMANBHAI SURESHBHAI SONI he was not present when offence was commited he said he is innocent.

police arrested RAMANBHAI SURESHBHAI SONI Insted of RAMANBHAI MOHANBHAI SONI.

police chargshited RAMANBHAI@MOHANBHAI@SURESHBHAI SONI.

Number of three witness said on his statement they saw RAMANBHAI MOHANBHAI SONI when offence happen.

ONLY DIFFERENT OF FATHER NAME

SO MY QUESTION IS THAT ACCUSED CAN DISCHARGE FROM THIS SECTION ?

ANY CITATION RELATED MY QUERY ?

Follow Query

Report Abuse

Advocate. Arunagiri (Expert) 27 January 2012
Name is not at all a matter. Whether the witness identify the accused. That is very important.

DEFENSE ADVOCATE.-firmaction@g (Expert) 27 January 2012
Defense has always limitless scope, may be you are real accused but police took your name wrongly.

BUT Yes file discharge and contest it, go in revision on this issue alone.