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raj (none)     10 April 2016

Section 304

sir kindly guide me about that@

a f. i. r was registered ubder 304 ipc 4 years ago against my family and me.  police procedure is bein.  the cause of death was in this case  heart attack.  now chragesheet is to be filed in this case

 what will be the next steps in this case.  police not arrested anyone yet. can we get bail when chargesheet will be filed or not. what will be the next procedure

please suggest us. it is false case against my family and me. 



Learning

 6 Replies

Adv Shrikiran.B (Advocate)     10 April 2016

Dear Raj,

As the police is investigating the case, it will take some time to get the inevtigation completed. If the police after investigation find you guilty, they will submit the charge sheet before the session judge and then, you need to obtain bail. However, if the police find you inncocent while investigation, they will file closure report post which you will be acquitted by the session judge.

Whether you get bail or not after the charge sheet is filed in this case will completely depends upon how you convince the session judge and on his discretion to grant you the bail as 304 IPC is cognizable and non-bailable it could be little bit difficult obtaining bail but not impossible.

Regards,

Adv. B.Srikiran

+919618069453

raj (none)     10 April 2016

when will have to apply for discarge in this case. 

 

Adv Shrikiran.B (Advocate)     11 April 2016

Raj,

Once the charge sheet is filed, the case will be numbered and proceedings will begun.

You will have to file a petition for your discharge before the sessions judge frames the charges against you. Collect all the documents the police has submitted with the court along with the charge sheet and other documents (witness statements etc). You can prepare your discharge petition grounds based on these documents. Please keep in mind that while filing discharge application, your discharge application should state the grounds for discharge and you need to show that no prima facie case can be made out against you. I would advise you to engage a senior lawyer dealing in criminal cases.

Regards,

Adv. B.Srikiran
+919618069453    

Adv Shrikiran.B (Advocate)     11 April 2016

Raj,

Once the charge sheet is filed, the case will be numbered and proceedings will begun.

You will have to file a petition for your discharge before the court frames the charges against you. Collect all the documents the police has submitted with the court along with the charge sheet and other documents (witness statements etc). You can prepare your discharge petition grounds based on these documents. Please keep in mind that while filing discharge application, your discharge application should state the grounds for discharge and you need to show that no prima facie case can be made out against you. I would advise you to engage a senior lawyer dealing in criminal cases.

Regards,

Adv. B.Srikiran
+919618069453    

raj (none)     11 April 2016

sir if my name is not in witness statement than can i apply for discharge or not. kindly suggest me. 

Siddharth Dev (Advocate)     19 May 2016

raj 

case is based on inquest papers in case u/s 304 so before concluding anything you should look into inquest papers first


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