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Er Hilal   13 July 2023

Submission of evidence

A person was arrested by CBI  on the charges of corruption.. After one month the charge sheet was submitted before the court. However, the main evidence in the form of Audio recording was not submitted. After filing of charge sheet in January'2021, twelve (12) hearings were conducted. During all these hearings, the prosecution was directed by the Judge to place on record the audio CD & CFSL report.. However the prosecution failed till date. Because of this, the Charges have not been framed against the accussed till date 

What is the Legal way forward for the accussed.



Learning

 1 Replies

T. Kalaiselvan, Advocate (Advocate)     13 July 2023

If you are for the acused side then you hav two options i.e., either to file a petition under section 482 c.p.c. to quash FIR as the investigating agency has not filed evidenes for over a period of one year despite submitting the charge sheet before the trial court or you can file a petition before the same court under section 239 r,.p.c. for discharge on the same grounds.

 


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