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Wrong code on case file

(Querist) 20 April 2012 This query is : Resolved 
I was caught for Drunken Driving (2nd offence) and due to an altercation with the police had to pay the fine of Rs 1500 in court after pleading guilty. The charges were ONLY for Drunken Driving and it being a 2nd offence. However the police, mistakenly or maliciously, filed the case as a 304 offence which is for Killing a person unintentionally.
So I have plead guilty and closed the case but having discovered this: the case being under 304, only recently(while recovering my license). Is there any way I can have the record of this case corrected to reflect the actual offence (i.e of Drunken Driving and not Unintentional Homicide) ?
Shonee Kapoor (Expert) 20 April 2012
Check court records as to who was killed.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com
Vikram (Querist) 21 April 2012
I am yet to check court records. But there was definitely no one killed and the charges do not read as such. It is only the code or the number of the section under which I was charged that is written wrongly.
Devajyoti Barman (Expert) 21 April 2012
The apply for deletion of charge from the trial court itself.
Vikram (Querist) 21 April 2012
Thanks.

I will speak to a lawyer to see how I can achieve this but could you please provide some details on how to Delete the Charge?
Raj Kumar Makkad (Expert) 21 April 2012
If charge has been clamped over you then it shall not be deleted merely by applying to the trial court. You shall have to plead before High Court under section 482 for this purpose.


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