LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Domnic   08 December 2016

Need suggestions on FIR 323,334

Sir I was booked under sections 323 and 334.THE TRIAL FROM THE COMPLAINANT SIDE HAS ALREADY BEEN COMPLETED.The eye witness of the above said case has already turned hostile and even the complaint was found with loopholes in the cross examination.The doctor also said that the injuries he got can be self done also. My lawyer ask the judge to acquit me from the case as the eye witness has already turned hostile but the judge is not cancelled it. Wanted to know can I file a quash petition or revision or any other method to get relief from the case as I need to go foreign for a job.i have all the proof and around 40 people have signed against the said person and even I have the rti of the that day that I called the police.kindly give some valuable feedback as I am in need of it. Thank you all


Learning

 4 Replies

Nonu Khera   09 December 2016

Hi

If the evidence of the complainant has already been closed by the court then you proceed withyour defence evidence and place on record all the material which you have and the case may be concluded within next few hearings.

Otherwise file a petition under section 482 Cr.P.C before the Hon'ble High Court for the quashing of the proceedings against you on the grounds which you already mentioned. Hopefully you will get relief from High Court other wise keeping in view the urgency shown by you atleast the High Court will direct the court below to dispose off the matter as soon as possible.

Ms.Usha Kapoor (CEO)     09 December 2016

SINCE PROSECUTION EXAMINATION IS OVER  AND THE TREND OF THE COURT IS IN YOUR FAVOUR YOU CAN CO0MPLETE DEFENCE EVIDENCE BY  SUBJECTING YOURSELF TO DEFENCE EXAMINATION AND ARGUMENT AND COMPLETE IT. OR  FILE SECTION 482 (iNHERENT POWERS OFCRIMINAL COURTS) CRIMINAL REVISION CASE ON THE GROUNDS AS ABOIVE MENTIONED BY YOU AND GET THE  CRIMINAL PROCEEEDINGS QUASHED OR THE COURT MAY ISSUE DIRECTIONS TO TRIAL COURT TO EXPEDITE HEARING OF THE CASE AND COMPLETE TRIAL.iF YOU APPRECIATE THIS ANSWEWR PLEASE GIVE ME ALL  my   RPROFILE LIKES.

Domnic   13 December 2016

Sir what are the chances are of it getting quashed?

Following are the points.
1.)In our complaint against the complainant around 40 persons have signed.

2)We have the RTI stating we have called the PCR .

3.)The eye witness of the case has already turned hostile.

4.)The complainant was found with loopholes in his cross.

5.)The Doctor already said that the injuries which he got can be self made.

6.) In his statement he said that my mother also beat him but in his cross he said she was just using filthy language and he was coming from the office at 11 pm and in his cross he said he came at 8 pm.

7.)When the police came to the spot he ran away and he at late midnight went at his own to get the MLC done.

Please let me know I have already mentioned all the points.

Zoheb Khatri (Practicing in Mumbai ZohebKhatri@gmail.com)     13 December 2016

Proceed in Higher court to quash proceedings or expdite it


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading