Dish charge application before framing charges or after framing charges
Tinku Bhai
(Querist) 12 November 2013
This query is : Resolved
respected members
i was booked in a falsely case of 302,201 ipc.i was sent to jail.charge sheet filled against me. after further investigation police found me innocent and 3 another accused came in light.police send report u/s 169 crpc for me but cjm refused to accept report u/s 169 crpc saying verbally that cognizance has already been taken . police filled supplementary charge sheet against that 3 new accused persons and giving clean chit in my favor writing that ''' abhiyukt tinku ki namzadgi galat payi gayi hai '''over this ground i got bail from session court
file is to be cavit from cjm court to session court on 20th november.so my question is that
should i file dish charge application before framing charges or after framing charges/?
shold i approach to high court allahabad for quashing fir ?
any other remedy suggested by all you learned members.
thanx with regard
Devajyoti Barman
(Expert) 12 November 2013
You can try for quashing.
The chances of both discharge and quashing is minimal.
Tinku Bhai
(Querist) 12 November 2013
learned members if i choose option to file discharge then discharge application should be filled before framing charges or after framing charges ?
MohammedRaffiq Bijapur
(Expert) 12 November 2013
After committal of case to Sessions Court there will a stage of HBC(Hearing Before Charge) So file application u/Sec 227 of Cr P C for discharge.
If Judge considers taht there is no sufficient grounds for proceedings against you, court will discharge u for the alleged offences..
Raj Kumar Makkad
(Expert) 12 November 2013
It is better to concentrate over the trial of the case instead of wasting time and energy as desired.
Tinku Bhai
(Querist) 13 November 2013
r\sir as my mind
this is the weaker part of our judiciary system that daily acquittals are done in courts without sufficient evidences but courts do not pay heed over accepting dis charge application. why is so ?
please en light dis charge application u/s 227 crpc is filled before framing charges
or after framed charges . as at lawyers club plate form conflicting opinion are there in this regard.learned lawyers are not of one view over this.please clarify with the help of latest case laws . thanks with regard
manoj joshi
(Expert) 14 November 2013
MR, TINKU BHAI
I WANT TO MAKE U CLEAR THAT U/S 227 OF CR.P.C U VE TO ARGUE YOUR MATTER BEFORE FRAMING CHARGES OTHER WISE U VE TO FACE WHOLE TRIAL TILL THE JUDGEMENT COME
