Defense in section 306
K R Ranjan
(Querist) 06 February 2013
This query is : Resolved
Security guard involved in theft at our pvt ltd firm has made suicide by jumping into nearby well well leaving his confession letter with us.We intimated police and surrendered that confession letter but police has slaped 306 and 34 of IPC on all the directors of firm .
All the people made accused were away from the time of incidence.There is no suicide letter nor any issue of access in P M report.
How to get away from this charge before chargesheet finalisation.
Raj Kumar Makkad
(Expert) 06 February 2013
You all need to make representation to the higher police officials and should also seek anticipatory bail and then should lodge a criminal case against that security guard.
Adv.R.P.Chugh
(Expert) 06 February 2013
A lot depends on the contents of the FIR - post anticipatory bail you can try going in for a quashing of the FIR. Since there is no suicide letter, I am curious to know what the prosecution case is all about. Besides the factum of you handing over the confession letter to the police speaks volumes as to your conduct.
Consult a local criminal advocate.
K R Ranjan
(Querist) 07 February 2013
Sir, We all the directors and owner of security agency were booked in IPC 306 and after serving one day PCR and a weeks MCR we are released on bail by honble session court.
Now whether we can move with a application for quashing the charge as other then our own representation their is no evidence against us.
Raj Kumar Makkad
(Expert) 07 February 2013
If you all are on bail and prima-facie if no offence is made out then better to move before High Court for quashing of FIR.
