Anil M (owner) 14 January 2014

304b

Dear experts,

I am facing a case u/s 498a/306/304b,case is in session court next date is for framing of charge.

i discussed with my lawyer about framing of charge,he suggest me that at the time of framing charge we should not disclose our points related to case,simply charge will be framed,at the time of trial we will fight.

my query is that his view is right about charge frame.secondly i want to go for HIGH COURT for quashing charge sheet,after framing of charge we should go or before framing of charge.

Please suggest me.

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6 Replies

Rajaramana RV (Employee) 14 January 2014

Dear Anil,

First of all dont get upset about the court case as you have to plan your every move rather than running fast.

How many dates have you attended before framing of charge? Has the judge asked you whether you plead guilty or not. Usually this happens before framing of charge. Though one should argue during framing of charge, one should not give out all the points of the case out.

High court quash is a time consuming process and its better that the lawyer is prepared to go for quash as once it gets rejected you cant easily apply again for quash. So, have a meeting with your lawyer discuss each point gently and ask his strategy. Then do what feel right for you. AT what stage one quashed should not matter.

Kindly answer the questions posed above so experts here can give more advice to you.

Q Slinger (NA) 17 January 2014

Your lawyer is absolutely right. Never ever reveal your evidences , game plan etc to the opposite party. they might wisen up and change strategy.

Why are you going for FIR quash, has the Chargesheet not been filed yet?

Quash is a long process but depending on the allegations that in the chargesheet on the accused. the relief you will get, if your lawyer successfully presents the case, is a stay till further orders where the trial cannot continue in the trial court till the HC decides on the case or if the opposite party vacates the stay.

Anil M (owner) 20 January 2014

chargesheet has filed & case is at the stage of framing charge. my query is that when we have to go high court for quashing chargesheet after framing of charge or before framing of charge.

Thanks.

Q Slinger (NA) 20 January 2014

You can go for quash at anytime. Ask your lawyer to file for quash when the bench is good.

A1981 (abc) 20 January 2014

Your lawyer is 110% correct... don't go for quash... it won't result in anything but loss.... focus on trail ..... it is very tough case, your lawyer knows this. Prepare your case with him... you need very strong evidence to defend trail...

unfortunately in 304B there is no direct material evidence that can rebut the presumption (except iff death is natural)... that is why discharge , quash .. etc are waist. wait for their 161... to be crossed that will help you... you need very clever lawyer to corss- Ex them.

Save your money, you will need that.