petition applicable for chargesheet

vipin tyagi (Querist) 06 May 2017 This query is : Resolved
in 2012 my married friend committed suicide at his house.in 2014 his father filled a FIR against my & my family that he borrow a amount 5000 from us .under our pressure he committed suicide witness formed his wife which did not give any statement against us thereafter a final report is submitted through IO in which they have no evidence & all neighbore gives statement in our favour so we was save
then after 1 year few month According to police CO cancel the that final report & reinvested the case filled the charge sheet against me(22 yr) & my mother taking statement his wife which also married tho another person after 5 month of his suicide (her statement is reliable ?)
please help us !!
we are innocent.

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Guest (Expert) 06 May 2017
From the limited facts elucidated by you above, in my opinion, you can approach the High Court for quashing of the Charge-Sheet.

Approach a lawyer, the facts are too limited to give any definite opinion.

NANDKUMAR B SAWANT (Expert) 06 May 2017
You may file a discharge application under sec 227 before sessions court if charge is not framed by sessions court under sec 306 of Indian penal code.You may have option to file writ petition for quashing chargesheet mentioning facts and by enclosing previous report of i.o.and final chargesheet.you will succeed.

Sri Vijayan.A (Expert) 06 May 2017
Dear Vipin,
As you have said that the original investigation report revealed that you have nothing in connection with his suicide. So, you can file petition to quash the FIR.

The reliability of his widow's statement may not be affected because of her remarriage.

Contact a good local lawyer

Ms.Usha Kapoor (Expert) 07 May 2017
Agree with experts.

R.K Nanda (Expert) 07 May 2017
nothing to add more.

Dr J C Vashista (Expert) 08 May 2017
How the two incidents (committing suicide in 2012 and borrowing Rs. 5000/-) are correlated/ connected to each other for lodging FIR by father of deceased, two years after (in the year 2014) alleged incident of committing suicide?

Rajendra K Goyal (Expert) 08 May 2017
May proceed as advised by the expert Sri Vijayan.A.

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