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Lawrence William (Service)     08 May 2013

Quashing of chargesheet in hc/ discharge in lower court

Dear Experts,

In Sept 2009, MR X was falsely charged in an FIR by his previous employer (Media group) U/S 420,408, 120/b 114, 467,468,471 etc.This was to take a revenge on MR X because he changed his current job and joined competitor (Media Group). Mr X tried for FIR Quashing (Later withdrawn), Anticipatory bail (Denied by HC). A defamation case is also registered in the fast track cour  against the previous employers. Matter pending for trial. Finally after 3 months he was sent to Jail and got regular bail by HC. Meanwhile, the IPC's slapped on Mr X got removed by the police in the chargesheet and only two IPC's ie 408 & 420 were shown  in the chargesheet.The amount of cheating is Rs  69,789/- in the chargesheet. Whereas it was mentioned Rs 1,82,000/- cheating in the FIR. The relative offece matter in FIR and Chargesheet also differs.

Now after four years..The trial has not yet begun, because the complainant ( Then Branch manager) does not attend the court  regularly on the dates.He has shown off only twice in last four years.While the accused has regularly attended the court fearing warrant/notice by the lower court judge.

Advice needed on following point:

  1. Can Mr X get benefited out of this situation?
  2. Can he ask for discharge  of the matter, to put it aside?
  3. Can he go to the HC for Chargesheet Quashing?
  4. Can he apply for permanent exemption from the court procedure?
  5. Can he send a plea in HC for day to day trial?
  6. Can the Lower court prejudice if asked for fast trial from HC?
  7. Can our respected experts, send valid advise with citations?

Facts;

Mr X has  paid  fees of Rs. 2.50 lacs to the lower court Advocates Rs 5.00 lacs to H/C advocates till now. Surprisingly,  the matter  is of Rs 69,700/- only.

Sincere advise needed,Mr X has nearly lost  faith in the judicary & the advocates ,since the matter has been prolonged unnecessarily. Awaiting your swift positive response.



Learning

 5 Replies

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     08 May 2013

Dear Lawrence,

High Court cannot quash the proceedings as the chargesheet has been filed. Mr. X has to face trial before the Magistrate's court. The amount may be meagre but the punishment is same. You have to understand this hard fact. so don't blame your lawyers. You can ask for discharge but there is difference between quashing and discharge. yes complainant can ask for exemption of sufficient grounds

Advice needed on following point:

  1. Can Mr X get benefited out of this situation? yes
  2. Can he ask for discharge  of the matter, to put it aside? yes
  3. Can he go to the HC for Chargesheet Quashing? no
  4. Can he apply for permanent exemption from the court procedure? yes
  5. Can he send a plea in HC for day to day trial? yes
  6. Can the Lower court prejudice if asked for fast trial from HC? may be
  7. Can our respected experts, send valid advise with citations? each and every case and facts are different. Similar facts may not be available. so better find out the point on which you give citations.

 

 

Rajiv Bhasin

Advocate

bhasin.laws@yahoo.com

9811210505

 

1 Like

Lawrence William (Service)     08 May 2013

Expecting some more expert advise!!!!

AKHILESH SRIVASTAVA (consultation)     09 May 2013

file discharge application before the trial court.

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     10 May 2013

Dear Lawrence, Don't commit blunder by moving any discharge application. The facts narrated by you are not of discharge at this stage. It requires trial, you will be acquitted at later stage. Rajiv Bhasin Advocate 9811210505
1 Like

Lawrence William (Service)     11 May 2013

I think, my learned friend did not give sufficient advise . I hope I didn not make a mstake by frankly putting the amount   charged by the advocatesas their professional fees till date. In  fact , i am waitng for some valuable advise please.


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