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Ipc 304 realted question h plz.help


07-Oct-2023 (In Criminal Law)
Kisi se ladai hui jisse uski death ho gyi h to police ne ipc 304 lagayi h but diseased ki pm report me heart attack se death hona btaya h without a single injury , to is situation me ipc 304 banti h ya nhi bnti h. High court se 304 remove ho skti h kyaa
Answers (2)

Answer #1
524 votes
Yes high se aap FIR quash karne ka petition file kare ,high court ko inherent powers hai aur woh apke khilaf proceedings bhi stay karega. Police ne thik se investigation nahi kiya hai isme ya ulterior motive se aap par case banaya gaya hai. Mujhse contact kar sakte hai .
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Advocate Ashutosh Patel

Adv. Ashutosh Patel

LawRato Jabalpur | 400+ Answers
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Answer #2
710 votes
It depends on case to case basis, but 304 sahi hai because of death occuring during a scuffle, but the case can come in the general exceptions mentioned in the chapter 3 ipc आप इस प्रकरण में बरी हो सकते है लेकिन चार्ज हटने की संभावना बहुत कम है। fir एवं केस डायरी देखकर अन्य कोई बात बताई जा सकती है
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Advocate Abhijeet Sharma

Adv. Abhijeet Sharma

LawRatoUjjain | 25+ Answers
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