Upgrad LLM

304(b) queries


GM! A case of 302&304(B) had been put against me in 2008(sep). Now the charge sheet is filed. Me & My family(all living away from me) are shown in it.

   The deceased mother in the statement told that deceased called her on phone a day before she hanged her self, which is a lie and we did not find any record for the same when checked the incoming/outgoing list of both the numbers. Most of the allegation against me & my family are false. They also involved all their relatives & friends in the witness list all giving false statements.

   The postmortem report clearly says that she died out of hanging her self and anticipatory bail was granted to my family on the same basis (so may be NO sec 302).

   Is quashing possible? or Apply for discharge of the case in lower court is good and later on move to High Court?

   Are there any other methods to get my family members out this case?

  1.    What is the process that happens during discharge?
  2.    What is the process that happens during quashing?
  3.    How much will it cost for discharge or quashing?
  4.    How much time(approx) it takes to discharge the case?
  5.    What are the chances that it will be discharged?
  6.    My sister has kid and has to come from 300 kms away from court. It is painful to her to come every time to attain the court. The same is true for other family members, What should I do to avoid them coming.

 PLEASE! HELP ME, I AM SUFFERING FOR "NO" MISTAKE I HAD DONE.


Thanks,
Idiot Society

 
Reply   
 
practicing advocate

even if you applied for the quashing, high court some times says that face the trial.  So it is better to face the trial.


Total likes : 1 times

 
Reply   
 



Thanks Raju for quick reply, Can we apply for discharge avoiding trail at least for my family members.

 Please answer the other questions in the above post (humble request).

 
Reply   
 
Advocate (criminal)

Generally in these type of cases, courts are reluctant to dicharge accused before framing of charge unless there are manifested errors in the case.


Total likes : 1 times

 
Reply   
 
Advocate

facing trial is inevitable. u can file petition under section 317 cr.p.c to dispense with personal appearance


Total likes : 1 times

 
Reply   
 
08010117611

as per your version it is a good case to discharge your family member provided that the truthness must be on the record of court.

The answer of your quaries is as under :-

  1.    What is the process that happens during discharge?

Ans                At the time of agrument on charge, the defence lawyer take all legal aspect to show that the case is not maintainable against XYZ person. The court upon satisfaction discharges some of all person u/s 227 CrPC.

  1.    What is the process that happens during quashing?

Ans  : Quashiing petition have to be filled before the High court to quash the FIR and proceeding thereof. The high court u/s 482 of CrPC have inherent power to prevent the abuse of the process of law and to secure the justice. Therefore, high has power to quash the FIR. 

  1.    How much will it cost for discharge or quashing?

Ans  :    Depend upon Lawyer

  1.    How much time(approx) it takes to discharge the case?

Ans     There is no time limit however in session court it may take some 06-12 month and in high court it may take 1-2 years

  1.    What are the chances that it will be discharged?

Ans     As per your version it is a good case of discharges although it depend upon charge sheet filled by POlice

  1.    My sister has kid and has to come from 300 kms away from court. It is painful to her to come every time to attain the court. The same is true for other family members, What should I do to avoid them coming.

Ans : You may apply for permanent personal exemption u/s 317 of CrPC before  session court.


Total likes : 1 times

 
Reply   
 
advocate

I advice you to face the trial. as the case reg U/S-304-B the trial will be conducted by a Sessions Court. If court will find no cradibility of witnesses you shall be aquited.

moreover the  lawer cort shall only funish the copy of the case and shall commit the case to the court of sessions for trial. after u appered before the court of sessions, it will fix a date date for cosidaration of charge- and then u can argue for discharge.

i think in your case, court will frame a chage U/S 304 B IPC if there is any statement agaist you that you tortured the victim for which she comitted suicide.

Doctors report that she comitted suicide is not at all a good defence in a case u/s- 304 B and the court may chage the charge any time before pronouncement of the judgement.

so first face the trial.


Total likes : 1 times

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

CrPC MASTERCLASS!     |    x