How can this case be quashed?
Faiyaz Khalid
(Querist) 06 August 2014
This query is : Resolved
A group of three boy was standing at road side after performing namaz around 11 o'clock at night. A vehicle of Police came and inquired about them and detained and made FIR and falsely imposed IPC sec 398/401 and presented to Trial Court. They were sent to judicial custody while they were innocent. After a few days they are acquitted on bail. One of boy is my friend his age about 16th and just passed High School this year and about to get admission in 11th class. they were unlawfully detained and presented in court. Before presenting in court they were asked to bribe 50 thousand by Police which they did not give.
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My question is my friend is a student and is minor according to High School Mark-sheet. Can his name from this Case be quashed or he will be punished with imprisonment as Sec 398/401 prescribes.
If he is imprisoned again then his school life will be ruined.
Please tell me procedure to quash his name from this case.
Laxmi Kant Joshi
(Expert) 06 August 2014
if he is of 16 years of age , then no need to go for quash , police will not file any case against him , nor he will be sent to jail , but tell him in future don't indulge in such activities .
Devajyoti Barman
(Expert) 06 August 2014
He will face trial in Juvenile Justice Board, not in regular court and can be sent to jail even if convicted.
Faiyaz Khalid
(Querist) 06 August 2014
@Sughir Kumar:
Yes Namaz of Tarawih is performed till 10:40 PM here in my city during Ramadan month.
Faiyaz Khalid
(Querist) 06 August 2014
What happens in this case usually?
Sudhir Kumar, Advocate
(Expert) 07 August 2014
A express a slightly different opinion than experts above.
Even if he is below 16 still he will be charge sheeted and quashing is necessary.
If convicted he will not be sent to Jail but only to Juvenile Home.
Nadeem Qureshi
(Expert) 07 August 2014
Dear Querist
the police recovered any weapon from them or not? if not then sections 398/401 of IPC will not attract and they will be get acquittal or discharge.
as per age of your friend he is juvenile and he can not be sent to jail, he will be sent to remand home as per juvenile act.
if police filed charge sheet against him then file a discharge petition before trial court and argue the matter with the help of lawyer in your area.
feel free to call
ajay sethi
(Expert) 07 August 2014
agree with Nadeem
Rajendra K Goyal
(Expert) 07 August 2014
Well advised by the expert Nadeem Qureshi, agree to it.
T. Kalaiselvan, Advocate
(Expert) 09 August 2014
I too agree with expert Mr.Nadeem's opinion on this issue, you may follow it.
Biswanath Roy
(Expert) 11 August 2014
To prove any accused as a minor viz, below 18 years of age one should prove his age by adducing BIRTH CERTIFICATE issued by the Municipality, School Certificate is not admissible as a proof of age. The minor accused cannot be sent to judicial custody which is barred by law. Commission of offense if any committed by a minor shall be tried by the JUVENILE JUSTICE BOARD.
