Queries on flase case under section 304B/498A.

[A Saxena]

Hello Sir,

A false case of dowry death has been filed against my whole family after my wife committed suicide at her parental home while she was living there for past 2 months. She had gone there for further studies. As of per the current status of the case, all of us including me ,got anticipatory bail from the High court. Currently our discharge application under sec 227 crpc has been dismissed and charges have been framed against us. At this stage of the case I have some queries:

1) We are looking to get out my younger sibling out of the case. Is it advisable to go for quashing of charges under sec 482 in the High Court ?
2) How long does it take for the appeal under 482 in HCourt to complete ?
3) Does the proceedings like statemnts of the witnesses, investigating officer, etc in the Sessions court halt till the appeal in High Court under sec 482 is active ?
4) Is there a possiblity of my sister or all of us getting dischrged from the High court in such a case. What is the genral trend that prevails in such cases ?
5) Does sessions court ever acquits anyone in such a case if the prosecution is not able to prove their case ?
6) Is the prosecution allowed to add any new evidences against us ( under any posible way) after the challan has been submitted by the investigating officer ?

Please help me as we are not getting correct help even from the lawyers and my family is in deep tension and stress.

Please help !!

[Dr. Ashok Dhamija]

(1) It depends on the facts of the case whether or not it is advisable to go to the high court against framing of charges by the Sessions Court. If there is no prima facie case against your brother, then you can try challenging the order of framing charges against him in the high court. Consult some local lawyer on the facts of the case by showing him all the papers.

(2) Again, it is not possible to say how much time would be taken by the high court for deciding such a challenge against framing of charges. It depends on the pendency level in the concerned high court and various other factors. It may take a few months to a few years, depending on the high court. You better ask some local lawyer in the high court concerned.

(3) Proceedings in the trial will halt only if a stay on proceedings is granted by the high court during the pendency of your petition challenging the framing of charges. In the absence of any such stay, the trial may continue.

(4) Answer to this question is the same as in point (1) above. General trend is that generally the discharge is not allowed. It is allowed only in exceptional cases where there is no prima facie case.

(5) Naturally, if the prosecution is not able to prove its case, the Sessions Court will acquit the accused. How can the court convict in the absence of a proof?

(6) With the permission of the court, fresh evidence can be submitted by prosecution during trial.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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