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CHARGESHEET QUASH
SOME1:- Can I
challenge a Chargesheet?
SOME2:- How to
challenge a chargesheet (CS)?
SOME3:- What are
lacuna’s in a charge sheet?
SOME4:- Will the
police become offensive against me if I challenge chargesheet?
SOME5:- What is the
right time to file a chargesheet?
SOME6:- Does the
Limitation Act apply to a Chargesheet?
SOME7:- What is a
time-barred chargesheet & are there any rules by CVC regarding time limit
to file a chargesheet?
SOME8:- Is it a right
approach to ask the IO to give a statement that the chargesheet has not filed
by him as he finds the case to be prima facie false?
SOME9:- Is Quashing a
CS a better option than Quashing FIR u/s 482
ATUR CHATUR:- I am
about to write all that you want to know about a CS & How and When to
challenge a CS and on What Grounds a CS (Charge Sheet) can be legally
challenged?
Atur
Chatur's Noble Thoughts in relation to CHARGE SHEET are as follows:-
Rule 1:- Quashing of
CS & Quashing of FIR have same effect i.e., nullifying the criminal case
against you but Quashing of Charge Sheet is certainly better as that would mean
u have challenged even the Police Investigation & came out from that test
with flying colors once CS is Quashed against u which means even the
Investigation by Police proved that you were innocent. After investigation completes
and all material is collected still if the case does not inspire confidence or
no case is made out - that's a biggest win.
Rule 2:- If charges
have been framed then go in for revision (Charge Sheet Rules) .
Rule 3:- Before
framing of charges you have other options also viz., to apply for discharge u/s
239 for all your relatives. And also option to file counter case u/s 211, 506
& 511. This counter case will mean that one sword will hang on your opp
party’s head & if & whenever the case is proved to be false then that
sword will fall on your opp party & name of this sword is JAIL or
CONVICTION. I wil write a separate blog for this counter tactic asap. Let’s
concentrate to CS here.
Rule 4:- Quashing of
Chargesheet u/s 482 is done after court presents the chargesheet and before
charges are framed and trial is underway. The rules for quashing are the same
as were laid down in Bhajan Lal Versus State of Haryana which were subsequently
M/s Zhandu Pharmaceuticals & many other cases.
Rule 5:- If Quashing
is rejected then it won’t harm your case but if certain negative observations
are marked then that might hurt your case. NOTE:- If any derogatory remarks are
written by you which you can prove to be wrong legally then of course Criminal
Defamation can be filed against any authority which writes derogatory remarks
on u.
Rule 6:- Whenever u
file for Quashing then do also mention one additional prayer for speedy trial (expedient
trial) to dispose of the matter within certain period (For 498A and others it
should be 6 months; Please refer Sec. 21-B of Hindu Marriage Act / 40-B Of
Special Marriage Act whichever is applicable) as facing lengthy trial deprives
personal liberty as per Article 21 of Indian Constitution. so that in case
quashing is rejected then at least this prayer of yours will help you get
speedy justice.
Rule7:- CS QUASH success
can be achieved if investigation can be discredited by citing some inherent
error or malpractice in the investigation process – You need to prove the
malafide intent of the police authorities to implicate you.
Rules (General):- On
completion of investigation if IO finds sufficient materials to prosecute the
accused, files CS before the court. After that court takes cognizance &
sends accused to trial. If there is an inordinate delay in filing CS say 2 or 3
years from date of FIR then u can ask the IO to give u discharge certificate.
QUASH
An accused person can
pray for quash of the FIR or Chargesheet filed against him/her before the
Hon'ble State High Court under section 482 of the Cr.P.C which gives inherent
powers to the Court.
The Hon'ble Supreme
Court of India (in 1992 AIR 604) has laid down seven (07) grounds. Such power
to quashed FIR can be exercised
1. where the allegations made in the First Information Report or
the complaint, even if they are taken at their face value and accepted in their
entirety do not prima facie constitute any offence or make out a case against
the accused;
2. where the allegations in the First Information Report and other
materials, if any, accompanying the F.I.R. do not disclose a cognizable
offence, justifying an investigation by police officers under Section 156(1) of
the Code except under an order of a Magistrate within the purview of Section
155(2) of the Code;
3. where the uncontroverted allegations made in the FIR or
’complaint and the evidence collected in support of the same do not disclose
the commission of any offence and make out a case against the accused;
4. where the allegations in the FIR do not constitute a cognizable
offence but constitute only a non-cognizable offence, no investigation is permitted
by a police officer without an order of a Magistrate as contemplated under
Section 155(2) of the Code;
5. where the allegations made in the FIR or complaint are so absurd
and inherently improbable on the basis of which no prudent person can ever reach
a just conclusion that there is sufficient ground for proceeding against the
accused;
6. where there is an express legal bar engrafted in any of the
provisions of the Code or the concerned Act (under which a criminal proceeding
is instituted) to the institution and continuance of the proceedings and/or
where there is a specific provision in the Code or the concerned Act, providing
efficacious redress for the grievance of the aggrieved party;
7. where a criminal proceeding is manifestly attended with mala fide
and/or where the proceeding is maliciously instituted with an ulterior motive
for wreaking vengeance on the accused and with a view to spite him due to
private and personal grudge.
Quash is effective
for co-accused person(s) who happen to be distant relatives with permanent
abode in different jurisdiction altogether.
Hon'ble Supreme Court
judgement in the case of Preeti Gupta & Anr. Vs. State of Jharkhand can be
relied to such effect.
However, track record
of State HC for quash in matters of crime against women needs to be studied and
considered before arriving at the decision to go for Quash.
Quash is expensive, time
consuming and uncertain. It is invariably never granted for the prime accused
who anyways have to end up in the trial.
Quash of Chargesheet
is more or less a futile exercise for reasons quite similar to why discharge is
ineffective. As soon as chargesheet is submitted in any case and thereafter
cognizance is taken or may be not yet taken, it atleast establishes that post
investigation, enough material has been found against the accused persons to
prosecute.
In that case, the
court is reluctant to quash the chargesheet against the accused persons and
insists on trial and henceforth makes such order.
However, exceptions
do exist and success can be achieved if investigation can be discredited by
citing some inherent error or malpractice in the investigation process.
Mahatma
Gandhi said, "IF YOU DON'T ASK, YOU DON'T GET"
Atur Chatur says, "WHAT
YOU WILL ASK, THAT YOU WILL GET"
Hope this will help you guys....................all
the best
Issued in Public Interest by
ATUR CHATUR COUNSELLING *
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DISCLAIMER & TERMS &
CONDITIONS
*Disclaimer:-
Atur Chatur is my pen name. I am Delhi University Ex-Lecturer. I am NOT a
lawyer. I am a PIP (Party-in-Person). I filed Perjury (fraud on court) on lies
of my wife with proofs. I filed court case against Police/CAW. I filed
complaint against Judge Family Court (JFC) due to unethical practices/ gender
discrimination which resulted in JFC Recusal. I also became a RTI Activist. I
acquired all other knowledge/info after false 498a/DVC/Divorce/ CAW cases were
filed against me & entire family & my income greatly affected so I have
chosen this profession to support my family & also to support my one man
fight against gender discrimination in India. Counselling Fees = 2,000 only for
approx one hour talking to you & suggesting you few methods like RTI or
other methods which is based on my knowledge which I acquired while fighting
false cases. Fees is subject to change due to urgency & other factors so
please confirm. I do not provide legal opinion/ legal advise or anything like
that. All written by me & my suggestions etc is my personal views. You
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