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Dr Raj Kumar Tiwari (Surgeon)     07 May 2014

Application under crpc 258

Sir,

In an accident a person sustained head injury after falling from the staircase in a drunken state, the owner of the place sent the person by ambulance to his residence with hospital staff but they could not locate house in the middle  of the night, therefore brought the victim and kept him overnight in the ambulance which was parked outside the hospital. Next day morning he was found dead. The owner of the hospital with the consent of the wife of the accused sent the body to his native place in West Bengal.. Some money was also paid to the wife. The after 16 hours informed the police that her husband was invited to party and was killed. Postmortem was done at West Bengal and cause of death was opined as "homicidal" and a case against unknown persons was registered under 302 but later after examination  of scene of crime and smell of alcohol from mouth, and other eyewitness this was converted to 304A./202.

The MM opined that no case is made out and discharged all the accused person at the time of framing charges. Cr revision petition as filed in the session court and Judge ordered for further investigation on certain points by crime branch.

In supplementary chargesheet the IO could not bring any fact which was not already there. He also included me in the list of accused from witness due to vested interest that too after 8 years of the incident.. The only fact about me was that I was sitting with the owner on the next day morning and I am associated with the hospital for long time..

He invoked sections 202/107/201. He had filed the charge sheet but magistrate is yet to take cognizance. Now my question is this,

Can I move an application at this stage under crPC 258 to stop the proceedings against me before the MM has taken the cognizance as there is no evidence on record against me ?

Most of the people suggested that I beeter do nothing at this stage but I do'nt want to face trial without none of role in this case.



Learning

 20 Replies

Mahesh R. Sonawane (Lawyer/Fight for justice)     08 May 2014

Yes, if there is no evidence at all against you, then don't face trial....

You have two remedies, first you can take chance by filing Criminal writ petition or application U/s. 482 for quashing of proceedings before the High court.

 As charge-sheet is filed and you say, no evidence against you then, the High court may consider your case...

If you don't want to approach High court, then you can file the discharge application before the lower court, before the framing of charges by the lower court....

adv.raghavan (Advocate,9444674980)     08 May 2014

since the charges are not framed you can take a chance of going for discharge petition.

Dr Raj Kumar Tiwari (Surgeon)     08 May 2014

Thanks a lot. Highly obliged.

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     08 May 2014

This is police case so 258 is not applicable.

Dr Raj Kumar Tiwari (Surgeon)     08 May 2014

Thanks, Sh Laxminarayan. I am not going for 258 before the cognizance.

Dr Raj Kumar Tiwari (Surgeon)     08 May 2014

Thanks, Sh Laxminarayan. I am not going for 258 before the cognizance.

Dr Raj Kumar Tiwari (Surgeon)     08 May 2014

Thanks, Sh Laxminarayan. I am not going for 258 before the cognizance.

Dr Raj Kumar Tiwari (Surgeon)     08 May 2014

Thanks, Sh Laxminarayan. I am not going for 258 before the cognizance.

Dr Raj Kumar Tiwari (Surgeon)     08 May 2014

Thanks, Sh Laxminarayan. I am not going for 258 before the cognizance.

Dr Raj Kumar Tiwari (Surgeon)     08 May 2014

Thanks, Sh Laxminarayan. I am not going for 258 before the cognizance.

Dr Raj Kumar Tiwari (Surgeon)     08 May 2014

Thanks, Sh Laxminarayan. I am not going for 258 before the cognizance.

Dr Raj Kumar Tiwari (Surgeon)     08 May 2014

Thanks, Sh Laxminarayan. I am not going for 258 before the cognizance.

Dr Raj Kumar Tiwari (Surgeon)     08 May 2014

Thanks, Sh Laxminarayan. I am not going for 258 before the cognizance.

Dr Raj Kumar Tiwari (Surgeon)     08 May 2014

Thanks, Sh Laxminarayan. I am not going for 258 before the cognizance.

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