Discharge petition
B.Surya Prakasa Rao
(Querist) 22 July 2015
This query is : Resolved
acb trap case, in this case the FIR A1 (Name - X) & A2 (Name - Y), But in the Trap time A1 Not taken Bribe Amount, But Z taken Bribe amount instructions of A2. acb Police arrest A2 & Z. filed Charge Sheet Against A2 & Z ,in the trail A1 is also one of the witness , Trail also Completed. in this time A2 filed a petition against A1 to add him Accused as A3. counter filed both app and A1 advocate , but court allowed A2 Petition and now posted to hearing & Charges, can i file Discharge petition against A1 ? when it was filed ?
P. Venu
(Expert) 23 July 2015
How is that A1 is accused as well a witness?
SAINATH DEVALLA
(Expert) 23 July 2015
As per UR query only A2 and Z were trapped by the ACB,and A1 has not come into the picture directly.Hence the chargesheet must have been filed against A2 and Z.The point here is who has taken the bribe directly and not the person for whom they have taken.So A1 is an accused only according to U and not the ACB.Quite wisely he must have escaped the wrath of the ACB and became a prime Witness.
Rajendra K Goyal
(Expert) 23 July 2015
Full case file has to be referred, consult some senior lawyer and show him full case file.
T. Kalaiselvan, Advocate
(Expert) 26 July 2015
Your information is incomplete for rendering proper opinion. Your advocate will be the right person to give any opinion to this.
