Upgrad LLM

discharge pitiion in case of false case under sc/st act


Sir,

 

I want to know following:

 

1. In case of a false criminal case under SC/.ST Atricities act, can I file a pitiion for discharge before the charge sheet is issued by court? Can I do it myself in case I am not getting a good advocate locally?

2. In my case, Personnel appearance at SDJM court and Sessions Judge is over. Time is passing

for MO which is fixed on 13th July. I want to file a pitition for discharge. Can I do it before MO? Can I do it after MO but before the date charge fixed by the court?

3. I have paid fee to advocate for appearance. I have also paid in advance fee for Pitition for Discharge. Can I change the Advocate as I find he does not have time to expedite the matter and even prepare the discharge pitition.

I will be highly oblidged if learned avocates can give me some adice/ openion.

Regards

R K Agarwal

President

Aarti Steel

 
Reply   
 

Discharge petition will arise before framing of charges. S.C and S.T cases now triable by Sessions judge. You can file an application before the designited court under section 227Cr.P.C to discharge thecharges leveled against you. On what grounds you are seeking discharge. If there is no material why can't you approach to the Hon'ble High Court for quash. 

 
Reply   
 



Thank you Ram Prasad ji. We had gone to High Court before appearance and Honbl High Court advised us to get the relief from lower court and if still want to approach HC, can do so later. The evidences are: 1. I was not even in company employment at the time of so called occurance. The charge is that company has acquired his land and dumping waste material and waste water. This is false as is also clear in DCP report. DCP took all complainants statements and mentioned that it is carelessness of President and MD. DCP has not taken statements of we accused even though requested by us. The conmplaint in Police stattion was filed through SDJM after about one and half year of occurance of complaint and shown that it is still continuing. Revenue Inspector checked and found that there is no land grabbing by compnay and submitted the report.

 

Even if the crime occured, how can I come under abbetment because I only see the procuction and technical part of plant. These days designations has no meaning and I can prove that I have no powers for financial decisions.

My advocate is preparing the discharge petition and just mentioning that " I was not at the spot at the time of occurance" and he is trying to prove that the complainant want to sell the land and it is more or less a civil case which they have coverted in criminal case.

 

Kindly advise. Pl also refer the contact details of good advocate at Sambalpur (Orissa) and at Orissa High Court so that I can take advise/ go for appeal in case I lose discharge petition.

Regards

 

R K Agarwal

President

 
Reply   
 
ADVOCATE

If the Charge Sheet has been filed by the Police, you can get the copie sof the Charge Sheet and thereafter you can file the Petition for Discharge.

But the problem is that the cases under SCST Act are triable by Sessions Court and the Lower Court would certainly refuse the Discharge Petition saying that it is beyond jurisdiction.

As you have stated that you filed Petition before Hon'ble High Court but whether you filed it before filing of Charge Sheet or after filing Charge Sheet before Lower Court. Please clarify. The position would change in both the cases.

You you filed petition before High Court before filing ofCharge Sheet, now you can file a fresh petition against Charge Sheet and in that petition you may get favour.

PLease give details for proper advice.

 
Reply   
 

Dear Sachin Ji

Thanks for your reply. I want to clerifyas under:

1. Pitition in high court was filed after DCP filed charge sheet in SDJM court and HC advised to seek justice from lower court. In case I still find necesity of HC intervention, I can go file pitition.

2. As SC?ST cases are tried in Sessions court, so that case has been referred there. Even I have appeared over there in the case. Now Judge has asked for bringing the siezed material 9 sale deed of land and power of attorney) to his court on 13th July.

3. On 13 July the honourable judge will give date for charge fixing and on that day I will be filing the pition for discharge.

4. My point is that can I file discharge pition even before date of charge? If so under waht section of procedures?

5. If somehow pition for discharge could not be filed and charges are fixedc by sessions judge, can I go to High Court for quashing/ intervention as the case is false and is with the sole intention of selling the land to the company at higher rates.

 

I think now the matter is clear and I will request you for a proper advise.

 

I also request our hounarable members if they can give some HC/ SC citations. I will be highly oblidged.

 

Regards

R K Agarwal

President

 
Reply   
 
ADVOCATE

Dear Rakesh Ji,

After filing of Charge Sheet, the Court is to look into the matter on the basis of the documents submitted by the Police along with the Charge Sheet. The accused can submit the documents in his defense after recording of the prosecution evidence.

 
Reply   
 
ADVOCATE

You can claim the discharge under section 227 Cr.P.C. and the Discharge Petition can be presented at any time before framing of charge and even before the date fixed.

In case the Court rejects your Discharge Petition and frames the charge, you can again file a Criminal Revision before High Court against the framing of Charge.

 
Reply   
 
ADVOCATE

You have not made it clear that whether the Court has asked you to produce the documents on next date fixed or to the prosecution.

The Court cannot compel you to produce any document.

 
Reply   
 

Dear Shri Agarwal ji

I think I am not able to clear my point. At the time of first appearance there is no need of papers. Now The Honourable Sessions judge has given  date for MO when the documents seazed by Police will be brought to his court which is 13th July. After that he will fix up the date for charges.

My point is can I move discharge petiution before the date of charge/

Second point is if somehow I couyld not file pitition before discharge and cherges are framed, can I still approach the High Court on the ground that charges are beseless and not on genuine grounds?

 

Thanks and regards

R K Agarwal

 
Reply   
 

I have submiited an application for Discharge under Cr.P.C. 227 stating that the document submitted by the Prosecution is false & misleading. In support I submitted the correct information with supporting documents obtained from the same Department signed by the same officer under RTI Act  as evidence. Please  clarify wheather my evidence is aceptable to the court. I have also submitted an application in the same court under Cr.P.C.340 against the I.O.. What should I do further?

 
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