Face trial or quash chargesheet in highcourt

Querist : Anonymous (Querist) 22 December 2022 This query is : Resolved
I am facing an trial in accident case under sections 279 337 and 338 even though it is not my fault. Trial date is set and is about to begin in next 2 months.
When i got the chargesheet from court. I see there is lot of differences in witness statements and also even they created an fabricated witness which orated a complete different story related to how accident occurred.
Now I have to engage an advocate to face the trial which may take another 2 to 3 years and causes mental stress as i am a government servant.
I saw few options over the internet and found cases are quashed in high court if the merits of chargesheet are challenged.
1. How reliable is this option?
2. Can i engage an advocate and put the chargesheet before the high court and quash it based on witness statements in chargesheet?
3. Should i face the trial in lower court for trial ? It takes another 2 to 3 years.?

Please suggest on what is the best option as it is deciding factor for my career and family.

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Quick Summary

Facing an accident trial with a chargesheet you believe is flawed? You're weighing the options of challenging it in high court to quash the charges or proceeding with the trial in the lower court, which could take years. While quashing in high court is sometimes possible, it's generally not suitable for evaluating evidence. The advice suggests facing the trial, where discrepancies in witness statements might lead to a favourable outcome, potentially a fine. However, pleading guilty and paying a fine can still have career implications for a government servant.

Sudhir Kumar, Advocate (Expert) 24 December 2022
one has to see the chargesheet and related documents to come to a considered view to suggest any of the option.

K Rajasekharan (Expert) 24 December 2022
The only option available to you in this case is to face the trial in the trial court.

The details in the query indicate that it is not a fit case for quashing under 482 CrPC as the High Court is not expected to evaluate evidence in this case. It can only be done by the trial court or the appeal court but not by the High Court when it exercises its inherent powers under Section 482.

If the evidence is as you describe in the query, then the trial court will let you go with some token punishment such as fine etc.

P. Venu (Expert) 19 January 2023
In such cases, you have the option to plead guilty on payment of fine and thus, settle the issue.

Sudhir Kumar, Advocate (Expert) 19 January 2023
pleading guilty and payment of fine is a conviction and govt servant can lose job (or may get lesser penalty) without chargesheet and inquiry

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