victim of marriage (Consultant) 19 November 2013

Complainants own 161 stmts contradictory to fir statements

Can complainants own CrPC 161 statements, given as part of Chargesheet be contradictory in terms of material information, from what was given at the time of FIR lodging? If this material contradiction is very evident in complainants own statements, to the extent that it changes complete crime scene for the alleged offence, would that be enough ground for discharge under CrPC 239? would it make enough ground for quashing of chargesheet under CrPC 482? Anybody having information on this pls respond. Would also appreciate if somebody can provide relevant judgments.

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4 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 19 November 2013

this is a best ground for discharge file an application before court.

Laxmi Kant Joshi (Advocate ) 19 November 2013

Yes these grounds are quite enough for discharge anybody and may equally be for quashed the fir as well as charge sheet by the court.

victim of marriage (Consultant) 20 November 2013

Thanks Nadeem Ji and Laxmikant ji

Tinku Bhai (under law graduate) 22 November 2013

respected learned lawyers

in a same situation one suspected person was in the custody of police and dies. fir loadged against entire police officers u\s 302 ipc . in post mortom report " cause of death uncertanity " Bisra preserved . in fir the son of deseased is eyewitness but in the statement of u\s 161 crpc only hearsay witness. is this case fit for quashing.