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Author Topic: U/sec 227 CrPC can court remove only one section i.e. 411 IPC of 302/394/411 IPC  (Read 650 times)

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Offline pskanp

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In a criminal case in India (State v/s --) where the charges have not been framed yet, can application for discharge u/sec.227 CrPC be given in the court on the next date? Is it possible to ask the court to remove only one section i.e. 411 IPC on the basis of evidence? It's a case against Unknown in FIR and a circumstantial evidence case with no direct evidence (human or electronic) on record. The recovery of 1.5 lacs rupees inr and weapon of assault hammer (with blood traces but without finger prints) is shown to be recovered from his house and a gold necklace & moti mala are shown to be recovered allegedly from railway station dustbin (open & accessible place) allegedly after 36 hours of putting it there. In those 36 hours that same dustbin was cleaned 4 times by the government railway contractor. This is mentioned in two replies of RTI (from Indian Railways in writing) which ware asked. The accused is from a rich family and was pursuing his BALLB (2nd Year). There are also many wrong work/mistakes in the chargesheet.

Offline advjaibansal

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You cannot file discharge application for removing one or more section after framing of charge. Now you can file a revision under section 397 of criminal procedure code before Session Court or High Court.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline kalaskarkk

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Dear friend,

You have two options.

One filing an application before trial court for reviewing  its order in framing the charges and to remove section 411 in view of contrary evidence available on record. Secondly approach the High Court and pray for altering the charges by modifying and deleting section 411 IPC.
Regards:

Kishan Dutt Kalaskar
Retd Judge and Advocate
No.74, 1st Floor, “Disley”  House,
Malleswaram, Bengaluru-560003.
Mob: 9686971935, 080-23461189
kalaskarnetra@gmail.com
Call me for clarification

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