jayanta kalita (advocate) 03 October 2009
After submitting charge sheet against some accused persons in a summons case if the hon'ble court find that against 1 or 2 accused there is no primafacie case as per record then what the court will do as there is no provision of discharge in chapter XX and those accused are due to financial hardship or for other reasons can not approached High Court to file a petiton under section 482 Cr. P.C?
If the hon'ble court had found that there is no primafacie case against 1 or 2 then it would not have issued the process at all. So your statement that hon'ble court found that there is no primafacie case against 1 or 2 is incorrect.
They can move Sessions Court in revision against the order of issuance of process. If they cannot afford the same, they they will have to face trial and wait for the outcome.
SANJEEV KUMAR (STUDENT) 10 January 2010
Res. Anil Ji/Rao Ji
The position stated by Kalita is practically possible. People file case 156(3) along with some hired witnessess and then court is having no option but to start the process. But when later on defendents/accused produces documents or arguments before court then real story comes to picture and accused/defendents are let off. This is real case which I have seen.
sanjeev
Saneev - In the circumstance mentioned by you, the case is no more a "prima facie" case. The query is with regard to "prima facie" stage. The query does not speak about documents or arguements.
Jayanta - If the circumstance of the case are what as Saneev Kumar stated, then you make an application to the magistrate u/s 258 of Cr.P.C, under which the Magistrate can stop the proceedings and acquit the accused.
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