Clarifications on discharge application by the section crpc 239
RAJ
(Querist) 20 June 2016
This query is : Resolved
Dear Experts,
A criminal case was filed on behalf on an elder brother against his own younger brother following a true incident; in which the younger one made a hidden attack inflicting serious injuries and harm on him one dark evening, on his way back home from the market.
Afterwards the younger ones wife filed a fake and fabricated counter case [ CMP through CRPC 156 (3)] charging the elder brother his wife and son on assault, theft etc.The charges were based on their false dramatised version that the three attacked the petitioner and her husband at an inherited joint propery ( for which a partition suit exists for the boundary demarcation of their proposed adjacent plots as Regular Seconds Appeal at the High Court) where the elder is living with his family in his own home in his proposed share for the past twenty six years.
The aforesaid fake case has the following remarkable aspects which establish the deceptive nature of the same also proving the innocence of the accused.
1. In the F.I.R the incident is said to have happened on 5th March 2010; but the private objection was filed and reported to the police on 4th May 2015 (after 60 days).
2. There are remarkable dissimilarities in certain details related to the alleged incident as documented in the statement given to the police and in the suit itself.
• A machete forcefully taken from the petitioner, was used for slashing three times in the petitioners left forearm; and was thrown to a nearby thicket as per the statement given to the police by her.
However in the suit that the same machete was specified to be in the respondents possession after using it for a single chop in her left forearm.
• The petitioner (younger brothers wife) was pushed down, kicked and forcefully stepped on by the three of the respondents as per the suit, but this was not specified in the statement to the police.
However in the statement it was specified that the second respondent (the elder couples son) pushed the petitioners husband down and the three of them together have inflicted physical harm on him.
3. A 30gm gold necklace was mentioned to be stolen from her (petitioner) by the elder brothers wife (as per the suit); whereas the same incident is not seen to be mentioned in the statement to the police.
Whereas in the statements given to the police; her necklace was pulled by the elder ones wife, which snapped during the incident.
A loss of Rs.40000 was made to the complainant due to the theft as per the suit but the same is not mentioned in the statement given to the police
4. Upon closer examination of the details in the statement given to the police the petitioner herself has frankly told; that as instructed by her husband the respondents son’s name was dragged in purposefully for making the case firmer for including serious criminal sections.(The police report confirms the fact)
5. Also in the statement to the police she pointed out similarly that as advised by her husband she has included the story of stolen necklace further to include the charges for theft, that too for a stronger case.
6. All the so called witnesses who claim to have seen the incident are the petitioners own mother, brother and husband.
7. There are also two ongoing criminal cases and a series of complaints at the local police station,all filed against the petitioners husband (following true incidents with court worthy documents and evidences), concerning inflicting physical harm on the respondents, causing damage to their household and property etc.
A prayer for discharge of the case on the basis of groundless and fake accusations under CrPC 239 has been filed at the first class judicial magistrate.By the virtue of your extensive experience and skilled expertise in the field kindly enlighten me on the following
A. Considering the above explained details would it be probable for getting a discharge of the case from the magistrate.
B. If the same is dismissed by the magistrate is there any option to challenge it at the high court under the crpc 379?
C. Would a direct quash attempt under crpc 487 at High Court could have been more effective in this case.
D. Is there any limitation for the appeals in the higher courts once a similar one is dismissed by a lower court.
E. Is the section CrPC 273 relevant/effective in this scenario.
Kindly share all the relevant strategies and moves effective in this case to prevent the innocent respondents from going through the trial for these false accusations (ie. Atleast by getting exemption from the personal appearance) ; by the advantage of quashing/discharge.
P. Venu 
(Expert) 21 June 2016
Please post the simple facts devoid of your opinions.
R.K Nanda
(Expert) 21 June 2016
Repeated query.
Rajendra K Goyal
(Expert) 21 June 2016
Please discuss with your lawyer who is well aware of full case file.
RAJ
(Querist) 21 June 2016
With all due respect sir Venu, the specified facts are not my opinions, they are the real facts regarding the same and in short i would like to have an expert analysis on the scenario and such valuable opinions suggestions and strategies to be adopted in this scenario based on extensive legal exposure would be highly appreciated.
I once again request any info on my following queries
A prayer for discharge of the fake case on the basis of groundless and fake accusations under CrPC 239 has been filed at the first class judicial magistrate .By the virtue of your extensive experience and skilled expertise in the field kindly enlighten me on the following
A. Considering the above explained details would it be probable for getting a discharge of the case from the magistrate.
B. If the same is dismissed by the magistrate is there any option to challenge it at the high court under the crpc 379?
C. Would a direct quash attempt under crpc 487 at High Court could have been more effective in this case.
D. Is there any limitation for the appeals in the higher courts once a similar one is dismissed by a lower court.
E. Is the section CrPC 273 relevant/effective in this scenario.
