How to Challenge a CHARGE SHEET ?

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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

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*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 yourself will be responsible for acting on any of my counseling/ advises / consult / guidance etc. Fees for the RTI & any other writing work is to be paid separately & does not come under counselling fees. Pls ask the fees before getting any work done. Fees once paid (even if paid in excess) are not refundable under any circumstances. I do not provide legal opinion/ legal advise or anything like that. All written by me & views/ writings/ RTI/ suggestions/ counselling guidance etc are my personal views. You yourself will be responsible for acting on any of my counselling/ advises / consult / guidance etc. The author and his family haven't bribed any public official nor have they given in to the extortion. This blog aims to raise awareness of due process in India. The content of this blog constitutes, opinions, observations, and publicly available documents. The intent is not to slander or defame anyone or any institution and is the manifestation of the author's right to freedom of expression – with all the protections this right guarantees. There has been no advertisement, personal communication, solicitation, invitation or inducement of any sort whatsoever from us or any of our members to solicit any work through this website. The user wishes to gain more information about us for his/her own information and use. The information about us is provided to the user only his/her specific request and any information obtained or materials downloaded from this website is completely at the user's volition and any transmission, receipt or use of this site would not create any lawyer-client relationship. The information provided under this website is solely available at your request for information purposed only, should not be interpreted as soliciting or advertisement. We are not liable for any consequence of any action taken by the user relying on legal material/information provided under this website. In cases where the user has any legal dowry consultation issues, he/she in all cases must seek independent legal advice from  his own reliable sources & contacts. Disputes if any shall be subject to Delhi Jurisdiction only. General Disclaimer applies.