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Zuniee (Engineer)     11 September 2014

Should i go for argue before charge or discharge

Friends and Respected Seniors, Finally I got summons for false 498A case and looking for your valuable suggestions to with Trail proceedings..

 Sections : in Chargesheet 498A, 147, 323, 504, 506A, 307,149  DP3 & DP4

Respected Sir, I'm not sure what kind of details I should mention here to seek your advice, as of now I can think of following few details :

6 of my family members are accused, My parents and brother stays in Native (where trail is happening)
1 sister stays in Maharastra 400Kms from away from court, 1 sister stays in Punjab 2000Kms away, parents are 63+ years old. Except few incidents, we don't have any concrete evidence to prove that we were not there on crime date.

My opposite party has created few false witness (their relatives and known friends) and a bottle of kerosene, clothes, medical certificate (back dated), for artefacts PS said they have sent to FSL, there were no questions asked to us during investigation period

Question :

1) Quashing seems to be improbable option, hence should I go for discharge or Argue before charge.

2) How to get permanent exemption for my parents and sisters

 

 



Learning

 6 Replies

LoneFighter (IT)     11 September 2014

@zuniee:

If the crime incident is within last year, take the phone call details of every accused. If they were not at crime scene, atleast even if one call is made from their numbers, their cell location would be recorded. 

But you might have to try it thru a court notice to service providers. Once you get these details, you can apply for quashing of your relatives. This has to be a strong evidence. <I guess so>

All the best.. 

Q Slinger (NA)     12 September 2014

Join saveindianfamily.in and look for a local chapter. They will of great help to you.

Zuniee (Engineer)     12 September 2014

Thanks for your suggestions.. with my personal capability I tried cell phone location details but failed. Not its more then year now.

 

Can any share me implications of Having Charges against me .. Implication on job, career ..

What I was told that, I should have a life without criminal charges pressed against me..

once the charges are pressed, then there is no go back .. I have to face trial, I'm sure at the end of the trail I will acquitted (atleast due to lack of evidence etc) but If I'm traveling abroad then it would be a big roadblock. can some one share their experience.. Thanks ahead.

FightForCause (Businessman)     12 September 2014

Zuniee,

In my case i went for discharge but our respectable Judge saheb told us....."all evidences u are putting here cannot be seen now....."

Remember- Discharge is only on FIR details...so if u feel FIR itself do not attracts any sections like 498a 506 etc etc...then only go for discharge...else its a waste of valuable time.

If u are going onsite, u may ask for exemption for appearance from court.....for small period it is likely to be given....for longer duration ur advocate has to sweat a lot for u.

Better start trial...and make it fast paced by attending it regularly and asking jusge for short dates....tell him clearly u may loose out your job if it goes endlessly.....

 

Best of Luck

LoneFighter (IT)     13 September 2014

@Zuniee:

Going abroad or getting visa is little mess with arrest record. But once you are acquitted, you should be able to..

Try to get the location details thru lawyer notice. dont try it yourselves. 

In a way, its true that there is no go back after criminal charges. Anyhow.... is there a option left other than facing it...

Zuniee (Engineer)     20 September 2014

Thanks all for your valuable suggestions and for your time to reply


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