How to remove my name from the charge sheet filed by police?

[Anonymous]

Police station of a city had registered an FIR in which two of my neighbours were mentioned as persons who committed crime. It was a street fight. I had tried to mediate. Now police has filed charge sheet in case and my name is also shown as guilty person. But my name was not in FIR and I was actually the mediator. My name is wrongly shown in charge sheet. How can I get my name deleted from the charge sheet? Do I have to engage lawyer for this? Will it be done by police or by court?

[Dr. Ashok Dhamija]

If you feel that your name has been wrongly included as an accused person, in the charge sheet filed by the police, and also that there is no evidence to support the charge against you, then you can try to file a discharge application before the trial court. If successful, you may be discharged from the case and will not be prosecuted.

Since the police has already filed the charge sheet, it may not be possible for the police to remove your name from the charge sheet. You can apply to the court through the discharge application, as mentioned above, for this purpose.

Another option could be to approach the high court under Section 482 Cr.P.C. for quashing of the criminal proceedings against you, but the high court may not generally entertain such petition at this early stage and my instead ask you to approach the trial court with a discharge application.

Other than these, the only option would be to face the trial and get acquitted from the case by proving your innocence.

     

---

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.

[Author]

Posts