Which section is applicable is it CrPC-173(8) or 91 CrPC

siv,

this is the most bizaare question i have ever heared.. when you are not a lawyer then why act like a lawyer...

you dont need to do anything under any section..

aa bael mujhe maar.. this is what you are asking..

Mr. Sharma is absolutely right...what is the need for you to go ahead and ask the court for the documents? What is your interest? All the proceedings done by the police are in your favour. The charge sheet is vague in nature which means you/accused can easily be discharged. At the time of arguments your lawyer has the point to defend you and he should draw the attention of the court towards vagueness of the chargesheet. All the allegations will be proved fake.

If we are taking you wrong, will you please more elaborate your point?

Dear  Ayush Sir,

The allegations in the FIR are vague with out disclosing the fill information I mentioned. If this happens and continues there are problems to the accused:

1. At the last minute complainant tell that this allegation happened at this time at this place etc... and witnesses also say the same fo rwhich accused can not defend through cross examination.
2. If they disclose now, then accused side comes to know the lie to catch them easily else accused lawyer wont get time to cross examine them.
3. If complainant allegatiosn are clear then only chance is there t colect documentary evidences, which are possible to collect to prove allegatiosn are false.

Let us take one vague allegation: " pregnancy is aborted forcibly at hospital.

Here, no time, no place, no medical reports ect not disclosed. Later then can easily create fake docs from the hospital which is closed by the time trial start ...

Accused hs to face malicious trial thouch it can be proved false at this stage. etc...

Please comment on this.

If the complainant has not disclosed the place and time of incident, there is hardly any chance to held the accused guilty of his offence. It is necessary for the investigation of the case that police must know the time place and other essential facts of the case. if there is no disclosure how can the police investigate the matter.

You are correct if still this happens there are problems to the accused. This inconvenience can be compensated later by the person who has falsely implicated the accused. The procedure of malicious prosecution is there. you can claim damages under the law. the compensation is the only remedy you can take from the complainant. you better consult a counsel in this regard. This is the procedure of law, if one person has been complained as accused in some offence, he has to face the trial and prove himself not guilty. In our country, of course it becomes the long and hactic procedure to finalise the case. The truth is that you have to face the trial.
 however there is remedy of compensation.

Dear Sir,

Thanks to understand the circumstances of the case. I believe I have below option:

The allegation details are not disclosed and on this vague allegation police can not conduct investiagtion to get the crime details hence no meaning to continue the trial.

Under section 340 CrPC Judge has to show the reason to frame the charges on accused based on evidence on record. Here I think Judge has to put his brain in finding the reasong to frame charges.

Am I right sir?

ofcourse the judge must have reason to believe that there is commission of any offence and only evidence can prove it. When there is not enough evidence or detail to show about the commission of the offence, the judge will not frame charges against the accused and the accused will be discharged.

Hello Sir,

I am looking for some legal advice. Iam giving Evidence of 376 Case where my cross is going on. I found that in my file police and my previous lawyer have removed ,my few documentary Evidences. I wanna produce it in the court. It was not in my knowlegde that my lawyer had been with them and he removed my evidences along with hand in gloves with the other party and police. AS per my new lawyer ITs only ican take chace if PP can show these documents in the court which i think is not accpetable at the time of cross examination. I want to produce those threat evidence which were handed to police at the time of complaint. One lawyer suggested me to file application under Sec 91CRPC . Can u pls help me and suggest me what to be done in this. My next date is in this month itself. BEfore that i wanna make sure my evidence gets in the court on time of the date fixed