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Charge sheet u/s 498 A wrongly filed hence want to remove my name
19-Jan-2023 (In Criminal Law)
Hi All, During the investigation under 498A , police deleted my name and same i could see from the orders came from superintendent of police. but with the charge sheet, not sure why they added me as A6 with the list. Now my query is , 1 . is there any way the police can remove my name from the charge sheet by filing memo? 2.what is the best option , a. discharge application at district court or b. Quash at high court. My objective is, there is no evidence against me, i want to get out this case ASAP. Please advise Thanks
1.police can remove your name in the charge sheet if no specific allegations against you.
2.you are at liberty to file for discharge or approach high court for squash it and basing on material available .
2.you are at liberty to file for discharge or approach high court for squash it and basing on material available .
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Adv. P V Reddy
Vijayawada | 100+ Answers
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even if the police remove your name the defacto complainant have right to restore it within 30 days from filing of such memo or else the best way to optout of the charge is by filing a quash petition or discharge after filing of charge sheet before the court
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Adv. Innamuri Balasubramanyam
Rajahmundry | 500+ Answers
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Dear,
The best option for you is to go for discharge first in the same court i.e., in the same magistrate court where 498A is pending before framing of charges. If the trial court doesn't discharge you, then file quash petition in the High Court for quashing the proceedings against you in the trial court, the reason being that if you approach High Court first for quashing and the High Court dismisses your quash petition, the trial court may dismiss the discharge petition as the High Court dismissed your petition on merits and it cannot overrule the decision of the High Court.
The best option for you is to go for discharge first in the same court i.e., in the same magistrate court where 498A is pending before framing of charges. If the trial court doesn't discharge you, then file quash petition in the High Court for quashing the proceedings against you in the trial court, the reason being that if you approach High Court first for quashing and the High Court dismisses your quash petition, the trial court may dismiss the discharge petition as the High Court dismissed your petition on merits and it cannot overrule the decision of the High Court.
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Adv. B. Srikiran
Hyderabad | 500+ Answers
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