Principal civil judge sr. div

only high court

 2 years before i had seen same kind of case like u have.in that case we were also very optimistic that high court will quash prodceedings but high remarked lower court with postitive directions to lower court.thereupon other party came down cool and compromised.in ur case some thing like that may happen.

Kuldeep,

Thanks for the prompt reply and help!!

Regards,

Pavan Sandur

You have to approach the high court.  

Dear Pawan

you can approach high court for quashing the FIR?Chargesheet under article 226/227 of Indian constitution read with section 482 Crpc.

if you have any proof that your brother was out of india when the cause of action arised then you can filed a discharged application in trial court.u/s 239 crpc,  trial court have power to discharge the accused if the court thinks fit

239. When accused shall be discharged.

If, upon considering the police report and the documents sent with it under section 173 and making such examination, if any, of the accused as the Magistrate thinks necessary and after giving the prosecution and the accused an opportunity of being heard, the Magistrate considers the charge against the accused to be groundless, he shall discharge the accused, and record his reasons for so doing.

Dear pawan

if the case registered through court then file discharged application u/s 245 Crpc

245. When accused shall be discharged.

(1) If, upon taking all evidence referred to in section 244 the Magistrate considers, for reasons to be recorded that the case against the accused has been made out which, if unrebutted, would warrant his conviction, the Magistrate shall discharge him.

(2) Nothing, in this section shall be deemed to prevent a Magistrate from discharging he accused at any previous stage of the case if, for reasons to be recorded Magistrate, he considers the charge to be groundless.

STATE AMENDMENT

WEST BENGAL:

In section 245, after sub-section (2), the following sub-section shall be inserted, namely:-

"(3) lf the eviderice referred to in section 244 are not produced in support of the prosecution within four years from the date of appearance of the aecused, the Magistrate shall discharge the accussed unless the prosecution satisfies the Magistrate that upon the evidence already produced and for special reasons there is ground for presuming that it shall be in the interest of justice to discharge the aceused."

Qureshiji...many thanks for the information.this was what I was looking for.

Rajeevji....is there a simillar state amendment for karnataka.

any help with this and judgements will help me prepare thoroughly and represent myself better to the judge.

regards,

Pavan Sandur

Learned friends,

I have gone through the different sections pertaining to discharge of accused, Sections 227, 239, 244 and 245.

My understanding is:

For relief under Sec 227 and 239 accused has to be present and it is clearly stated that judge will examine/give oppurtunity to accused to rebut.

Notes: This is a no go for my situation as my brother cannot hazzard a trip to attend court from abroad.

For relief under sec 245 it is not clear if accused's presence is required.

Can relief be sought through proxy, either me or counsel represeting the accused?

Please advise.

If your brother can not come then only solution is quash u/s 482 through HC.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com