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booked under 75(1)(i), false case, got bail, want to close the matter
11-Jan-2025 (In Criminal Law)
Hi Sir….one of my relative was booked under bns 75 (1)(i) though he was not guilty. He did not do anything. He is an IT engineer, aged 22. This was happened in express train while he was returning from his office. He was booked By railway police and sent to main jail. He was in the jail for almost 6 days. Now he got the bail. We want to close the case I mean to close all the things or dismiss the case. Could you please guide us for the way forward.
The filing of a Criminal Writ Petition under Section 522 of the B.N.S.S. empowers the Hon'ble High Court to quash the First Information Report (FIR) and related criminal proceedings. The High Court has the authority to issue orders that are necessary to ensure the administration of justice and to prevent any potential abuse of the legal process.
Additionally, under Section 482 of the Code of Criminal Procedure (CrPC) [Ss 528 BNSS], the High Court maintains inherent powers to take necessary actions that facilitate the pursuit of justice. This power is exercised when the court determines that an accused individual has been unjustly implicated and that the FIR in question lacks substantial merit or is deemed frivolous.
Additionally, under Section 482 of the Code of Criminal Procedure (CrPC) [Ss 528 BNSS], the High Court maintains inherent powers to take necessary actions that facilitate the pursuit of justice. This power is exercised when the court determines that an accused individual has been unjustly implicated and that the FIR in question lacks substantial merit or is deemed frivolous.
Helpful?
Adv. Abhinav A. Bhatkar
Mumbai | 100+ Answers
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Hello
We can go for quashing of FIR before investigation starts and chargesheet gets filed or else the accused can face the torment of a trial
We need to look into the facts of the case for the same
We can go for quashing of FIR before investigation starts and chargesheet gets filed or else the accused can face the torment of a trial
We need to look into the facts of the case for the same
Helpful?
Adv. Devang Manjrekar
Mumbai | 5+ Answers
Chat
Yes, I can certainly guide you to close the matter. I can get the FIR quashed against your Relative under the concerned provisions of the Bhartiya Nagarik Nyaya Sanhita, 2023 within a reasonable time duration.
Helpful?
Adv. Pankaj Bajaj
Mumbai | 500+ Answers
Chat
Certainly. Here's a detailed advocate's response:
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Dear Client,
Thank you for bringing this matter to my attention. It is indeed unfortunate that your relative has been booked under Section 75(1) of the Railway Act and had to endure the hardship of jail time despite being innocent. Let me guide you step-by-step on how to proceed to ensure the matter is resolved efficiently and in his favor:
1. Understand the Charge
First, we need to fully understand the charge under Section 75(1) of the Railway Act. This provision typically deals with offenses related to endangering railway safety or misconduct. A thorough analysis of the charge sheet and First Information Report (FIR) will help us identify the grounds on which the charges were framed.
2. Engage a Competent Advocate
Since this is a legal matter, it is essential to engage an experienced advocate who specializes in criminal or railway-related cases. Your lawyer will assist with:
Reviewing the FIR and charge sheet
Identifying inconsistencies in the allegations
Gathering evidence and witness statements in support of your relative’s innocence
3. File a Petition for Case Quashing
If there is a clear lack of evidence or if the charge is baseless, we can file a **petition for quashing the FIR
---
Dear Client,
Thank you for bringing this matter to my attention. It is indeed unfortunate that your relative has been booked under Section 75(1) of the Railway Act and had to endure the hardship of jail time despite being innocent. Let me guide you step-by-step on how to proceed to ensure the matter is resolved efficiently and in his favor:
1. Understand the Charge
First, we need to fully understand the charge under Section 75(1) of the Railway Act. This provision typically deals with offenses related to endangering railway safety or misconduct. A thorough analysis of the charge sheet and First Information Report (FIR) will help us identify the grounds on which the charges were framed.
2. Engage a Competent Advocate
Since this is a legal matter, it is essential to engage an experienced advocate who specializes in criminal or railway-related cases. Your lawyer will assist with:
Reviewing the FIR and charge sheet
Identifying inconsistencies in the allegations
Gathering evidence and witness statements in support of your relative’s innocence
3. File a Petition for Case Quashing
If there is a clear lack of evidence or if the charge is baseless, we can file a **petition for quashing the FIR
Helpful?
Adv. Kiran Ashok Gangurde
Navi Mumbai | 5+ Answers
Chat
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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