Sir,
In an accident a person sustained head injury after falling from the staircase in a drunken state, the owner of the place sent the person by ambulance to his residence with hospital staff but they could not locate house in the middle of the night, therefore brought the victim and kept him overnight in the ambulance which was parked outside the hospital. Next day morning he was found dead. The owner of the hospital with the consent of the wife of the accused sent the body to his native place in West Bengal.. Some money was also paid to the wife. The after 16 hours informed the police that her husband was invited to party and was killed. Postmortem was done at West Bengal and cause of death was opined as "homicidal" and a case against unknown persons was registered under 302 but later after examination of scene of crime and smell of alcohol from mouth, and other eyewitness this was converted to 304A./202.
The MM opined that no case is made out and discharged all the accused person at the time of framing charges. Cr revision petition as filed in the session court and Judge ordered for further investigation on certain points by crime branch.
In supplementary chargesheet the IO could not bring any fact which was not already there. He also included me in the list of accused from witness due to vested interest that too after 8 years of the incident.. The only fact about me was that I was sitting with the owner on the next day morning and I am associated with the hospital for long time..
He invoked sections 202/107/201. He had filed the charge sheet but magistrate is yet to take cognizance. Now my question is this,
Can I move an application at this stage under crPC 258 to stop the proceedings against me before the MM has taken the cognizance as there is no evidence on record against me ?
Most of the people suggested that I beeter do nothing at this stage but I do'nt want to face trial without none of role in this case.
