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Rajinder Kumar (sssa)     31 May 2012

Arguement on charges

CBI charged me u/s 420,471 in panchkula cjm court. My lawyer got bail for me. But as he come from ambala in every date,he desires not to attend court in future. In next date, there will be arguement on charges. i have 2 supreme court decisions + one high court decisons which are similar to my case and in accused favour so i want to argue on my case myself without the help of new lawyer because money(extra) tobe paid for this.

Now,first,tell me is it possible that i,myself can argue on charges before magistrate. secondly, what exactly the meaning of argue on charges? can an accused get acquittal after arguement on charges? thirdly, is there any risk involved for arguing myself on charges?

Pl reply as sson as possible.



 13 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     31 May 2012

Dear Mr.Kumar, 

1. When you argue on question of charge, you convince the judge that on the basis of material available, no offence is made out against you and hence charge is groundless. 

2. If Arguments on charge are successfuly - it entails a discharge not an acquittal. 

3. Charge framing is the rule - Discharge only in exceptional cases- hence if you think you can do it without legal expertise - go ahead.

Good Luck !

1 Like

seema (advocate)     31 May 2012

i fully agree with ADV. Bharat Chugh but advice you if possible pl take services of good lawyer and if your date is cumming immediatly and your not able to arrange fund for new lawyer then info the court that your earler lawyer is not ready to continue and you need sum time to take services of other lawyer and for the arrangment of new lawyer fees 

1 Like

Kishtaiah (Advocate)     31 May 2012

You can take help of Legal Services Authority if you cant afford fee Try.

Anjuru Chandra Sekhar (Advocate )     31 May 2012

Sec 227 Cr.PC - Discharge of accused - Where allegations made against accused not proved by evidence then rejection of application for discharge of accused unjustified. 

 

Citation:  Manish Jain vs. State of Jharkhand, 2002 Cr LJ 3980 (Jhr).

 

Instead of oral arguments file Application for Discharge under Sec.227 Cr.PC. your task becomes easier.

1 Like

Rajinder Kumar (sssa)     31 May 2012

I am very thankful to everyone who gave their time to comment.

Now, i am very hopeful for discharge of allegations/case and i want to give some detail about my case. My father was OBC from Punjab. My mother is ST from Himachal. Parents gave us ST certificte and we used it. We never lived in Punjab. I passed 8th & 10th standard from ST area. CBI initially made FIR u/s 120B r/w 420,474,177,468,471 IPC. but finally submit chargesheet u/s 420,471 only.

Supreme court in civil appeal 654 of 2012 (&6445of 2000), declared that  authority can not cancel ST certificate solely on the basis of father's caste. there are also available government circulars in this regard. wpc no.300 of 2007, gauhati high Court also commented like this" while dealing with the offence u/s 420 IPC,it needs to be borne in mind that mens rea is an essential ingredient of an offence of cheating.When the petitionerwas admittedly not a part of criminal conspiracy to commit forgery,there can be no prosecution of the petitioner for offence u/s 420 IPC.        As petitioner was not a part of criminal conspiracy to commit  any forgery,his prosecution under the penal provisions of section 471would not be attracted when there is no material that petitioner had at any stage knowledge that the caste certificate was a false document."

Now, tell me should i argue in person with these cases in front of Hon.judge?

expecting more valuable comments..................an accused with clean hands.

Anjuru Chandra Sekhar (Advocate )     01 June 2012

Supreme court in civil appeal 654 of 2012 (&6445of 2000), declared that  authority can not cancel ST certificate solely on the basis of father's caste. there are also available government circulars in this regard.

 

Very good.  Settled law is as good as law itself.  Law declared by Supreme Court shall be law of land according to Article 141 of Constitution of India.

 

When law declared by Supreme Court says so there is no question of cheating. But as I suggested before hearing file Application for Discharge and put forward all your arguments in it in the form of averments.  Give citation of SC judgment mentioned above, and relevant paras.  Also encose relevant govt. circulars which support your argument.  With that 80% of your job will be over.  If you stand before judge believing in your oral communication skills you will not be able to convey as much as you want to because judges have no time to hear everything that parties to case submits.  Time is a constraint for them.  So put it in writing, file it before hearing date so that he comes to court having done homework.  If he has any doubts about your averments he will put questions clarify.  That is how you deal with the case.  Never stand there on the date of hearing with the expectation that you can explain your case orally to him, then and there itself.

1 Like

Jolly James 9447287658 (Advocate)     01 June 2012

1. If you have legal Knowledge you can argue the matter or conduct the case as you like there is no bar.

2. You can argue the matter either by filing petition or without petition under section 239 of Cr.pc.

3. you should go through the decisions of both H.C & S.C based on sections 227, 239, 245&258 of Cr.P.C.

4. If there is a prima face evidence to connect the crime with youit is not possible to escape or get discharge.

5. Prima faci case is a case which is established by sufficient evidence which can be rebutted only by adduciong evidence from the other party.

6. You may go through AIR 1986 s.c 2045, 1977 (2)  SCC 699 , 1996 S.C C Crl 1104, 1977((4)  SCC 39, 1977 SCC Crl 533, AIR 1970 SC 863 1997 scc crl. 585.

1986 STPL(LE) 12725 SC
[AIR 1986 SC 2045 = (1986) 2 SCC 716 = (1986) 1 Scale 745 = 1986 (2) SCR 621 = 1986 CRI. L. J. 1922 = (1986) 1 SCC(Cri) 256 = 1986 Cr LR 266]

SUPREME COURT OF INDIA
(P. N. BHAGWATI, C.J.I. AND RANGANATH MISRA, JJ)

R.S. NAYAK
Appellant
VERSUS
A.R. ANTULAY AND ANOTHER
Respondents

Criminal Appeal No. 658 of 1985-Decided on-17-4-1986 (From: Bombay)

(A) Constitution Of India Article 136-Prevention of Corruption Act, 1947 Section 4, 5(1) with Criminal Procedure Code, 1973 - Section 245(1) - Corruption - Presumption - When arises - If applies only after framing of charge. Held, that while considering charge, Court is bound to consider the presumption under Section 4.

(B) Indian Penal Code, 1960 Sections 161, 165 - Corruption - Distinction - Scope and ambit - Element of "motive" or "reward" - Where relevant. Held, (Per Bhagwati J) that Section 165 is wider in scope than 161 it is necessary to show that gratification was for some motive or reward for offence under Section 161, whereas Section 165, acceptance of valuables without consideration or with inadequate consideration is required.

(C) Penal Code (45 of 1860), Section 383 - Extortion - "Fear or Threat" - Charge of extortion- When made out - Absence of fear or threat- Effects - Donations by co-operatives to trusts, sponsored by Chief Minister - No threat. Held that no offence of extortion is made out.

(D) Prevention of Corruption Act, 1947 Sections 5(1), (2) with Penal Code, 1960 - Section 161, 165 and Criminal Procedure Code, 1973- Sections 245(1) and 227 - Corruption -Framing of charge - Allegations of seeing no objection certificates for raising Construction - Construction making hand some donation - Similarly donations made by builders etc to a public trust as also by hotel company to another trust - prima facie case made out but accused charged on some heads and discharged on others - All such charges based an same evidence. Held that discharge in respect same charges was improper.

(E) Criminal Procedure Code, 1973 Sections 227, 239, 245 - Criminal Procedure - Discharge of accused - Procedure - Difference of language in the provisions - If material - Procedure when case is instituted other wise than an police report - Charge - Framing - Test. Held that even a complaint made, the test is of a "prima - facie" case. If prima facie case exists, then charge has to be framed.

1 Like

Rajinder Kumar (sssa)     02 June 2012

i am not aware wher to give application  to discharge u/s 227/239?

To judge directly before the date for framing of charges OR any other person in judge's court room OR any other place situated in premises of court.

Sandeep Aggarwal (Advocate)     03 June 2012

Dear Mr. Rajinder. Argue on charge is very important thing for your case and with this you can even get your case finished at this stage even, i.e. you can be discharged right now after the date immediately if the judge thinks your case fit for discharge. And you yourself can argue the matter but try this only if you have thorough knowledge about law , otherwise engage a good lawyer. He will help you in this case. You can also call me at Panchkula on my mobile number i.e. 9815500400. Sandeep agggarwal Advocate, PKL.

1 Like

Anjuru Chandra Sekhar (Advocate )     03 June 2012

There would be Advocate clerks moving around in court premises catch one of them and request to file it in your case.  They take 200, 300 rupees for doing this job.  Filing can be done by anyone, it is duty of court administration to help general public know how to do filing themselves if required.  But it is made to believe a daunting task and people believe ordinary people cannot even enter premises to do that job.  And people sitting in section also don't tolerate outsiders directly dealing with them they want "known people" only to deal with them.  The "known people" are advocate clerks or people outside the court working with Typewriters and Computers doing data entry job for Advocates. 

 

So you have to catch one amongst them and request them to do filing job on your behalf, they will charge anywhere between Rs.200-500/- or even more there is no fixed price for it, because that is not any job prescribed by rules to be done by them.

 

1 Like

Rajinder Kumar (sssa)     04 June 2012

Sandeep ji,

Good morning.

Pl send me your fees detail etc by e-mail on rajinderuv@rediffmail.com. because it is very imp. to me as i have already given fees to advocates at HP high court where on same topics writ petition admitted on behalf on me( by my advocate). after that ,I've given fees to my adv. at ambala (as court was situated in ambala before transfer to panchkula).  

June month, i think, holidays in haryana courts. My next date is 10 July,12. so, i'll meet u after 20 June.

Thanks.

 

 

Rajinder Kumar (sssa)     08 June 2012

All viewers,

Good morning.

 

I am still awaiting new ideas/suggestions from everyone who have knowledge on thsi topic.

Thanks

Rajinder Kumar (sssa)     08 June 2012

to all viewers,

any new informative guidance?

thanks.


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