LawRato

Face trial or approach the high court for quashing the chargesheet


22-Dec-2023 (In Criminal Law)
I am facing an trial in accident case under sections 279 337 and 338 even though it is not my fault. Trial date is set and is about to begin in next 2 months. nWhen i got the chargesheet from court. I see there is lot of differences in witness statements and also even they created an fabricated witness which orated a complete different story related to how accident occurred. nNow I have to engage an advocate to face the trial which may take another 2 to 3 years and causes mental stress as i am a government servant. I saw few options over the internet and found cases are quashed in high court if the merits of chargesheet are challenged. n1. How reliable is this option? n2. Can i engage an advocate and put the chargesheet before the high court and quash it based on witness statements in chargesheet? n3. Should i face the trial in lower court for trial ? It takes another 2 to 3 years.? nPlease suggest on what is the best option as it is deciding factor for my career and family.
Answers (3)

Answer #1
957 votes
hello, subject to the contents of your query, it is advisable for you to approach the Hon'ble Highcourt to quash the chargesheet before proceeding to the trial and if the contents of chargesheet doesn't satisfy the section of law then there is a high probability that the Hon'ble Highcourt may quash the FIR or you can get an order to conduct speedy trial form Highcourt. First engage an advocate so that he can advise you based upon the contents chargesheet. For more details contact me
Helpful? LawRato LawRato
Advocate Mohd Lateef Ansari

Adv. Mohd Lateef Ansari

LawRato Hyderabad | 25+ Answers
Chat with Advocate Mohd Lateef Ansari Chat 
Answer #2
571 votes
hi you could file quash petition in high court against the charges made against you that you are not connected to the offence and aslo take direction from the court to complete the trial within a period of specific period of time
Helpful? LawRato LawRato
Advocate Baddam Aravind Reddy

Adv. Baddam Aravind Reddy

LawRatoSecunderabad | 1000+ Answers
Chat with Advocate Baddam Aravind Reddy Chat 
Answer #3
993 votes
You need not gabhara in this matter. once you were charged for the offences (which one simple in nature) said to be committed you are with any intention. the oration of the witnesses and their knowledge with the alleged offences are totally a creation of the police for the ske of filing chargesheet. you can easily disprove the charges during trail of the matter. no need to file any squash petition (If you are interested yet in squash, the High court will entertain the matter but, may not be disposed in your favour). time taking is depending upon the circumstances I e., busyness of courts, availability Witnesses and the PO. Your advocate will look all these things. appoint a good advocate of your locality.
Helpful? LawRato LawRato
Advocate Kadagala Rambabu Naidu

Adv. Kadagala Rambabu Naidu

LawRatoSrikakulam | 200+ Answers
Chat with Advocate Kadagala Rambabu Naidu 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.

Report abuse?

Connect with top Criminal lawyers for your specific legal issue
Connect with a Lawyer
Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

All Answers

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

LawRato