Quashing of the chargesheet

Viresh Kr Singh (Querist) 19 November 2012 This query is : Resolved
Dear/respected experts,

I am facing trial under PC ACT 1988 and the PW1 , a police inspector has now given his statements in the court which are directly in contradiction to the statement (recorded in the chargesheet submitted in the court )of PW2 whose statements in the court are yet to be recorded.

Please suggest that can I proceed to request the honorable court to quash the chargesheet due contains contradictory contents ?

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Guest (Expert) 20 November 2012
A mere discrepancy in the statement of two witnesses in a criminal trial is not a ground for quashing. It is a matter of trial. The HC cannot assume the functions of the trial court. You can point out all the contradictions/omissions during the cross-examination and the arguments. Quashing depends on very limited grounds, more so quashing of the charge sheet. Unless the FIR and the charge sheet are perused thoroughly, no conclusive opinion can be given.

Ashish Davessar
Advocate
Supreme Court of India
Punjab and Haryana High Court

Devajyoti Barman (Expert) 20 November 2012
This is not a ground of quashing which only the high court is authorised to do, not the trial court.

This would however may play a pivotal role towards your acquittal.