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GOKULDAS KAMATH (EX BANKER)     17 July 2014

Discharge application to court under section 227 and 239

Respected Sirs,

I am filing an application with Judicial Magistrate court as there is no material evidence / documentary evidence against me.It is found that no proper investigation was done in the case and real culprits are left out  by the police and charge sheet has been filed without any base.My wriiten statement of 42 pages  submitted to the police immediately after police complaint  in 2008  is misplaced or destroyed by the police  and  one page statement was obtained from me somewhere in 2010 in which it is stated that I am innocent in this case Chargesheet has been filed in July 2011.

I am contemplating to file discharge application under section 227 and 239.I have solid documentary evidences showing involvement of others in this case.I want to request the court to direct  CBI or some other investigating agency to investigate this case .But I am not aware of any provision in the CRPC  which can be referred by me to enable the court to do so

It is observed in the chargesheet that there is no mention of my written statement  given in 2008 in which I had given details of corruptive practices of complainant bank 

Kindly inform me whether the written statement  of accused is compulsory in a criminal case

CRPC section by which JMFC Court can direct the CBI or other investigating Agency to investigate this case

Regards



Learning

 1 Replies

adv.raghavan (Advocate,9444674980)     23 July 2014

If you are being tried in a Court of sessions, you have to file sectioon 227 of crpc for discharge, if it is magistrate you have to file section 239 crpc for the same. With regards to next question you have to move high court for transfer of case. 


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