Legal Question in Technology Law in India
my son was arrested and released on bail in july 2010 on charges of hacking of password. Three and half year passed now the cyber police has filed chargesheet in feb 2013.
the chargesheet has somebody else name as domain user.
the harddisk conspicated doesnt belong to him .
the forensic lab tells the harddisk to be untraced.
the attendance sheet of office tells that he was not in office during the occurrence and so likely to have commited the crime.
the police drafted statement of my son not signed of having admitted the charge is the only against my son.
Can i go for 482 to quash the chargesheet in highout.
whether the insuffciency in chargesheet will be sufficient reason for 482.
please advise early.
2 Answers from Attorneys
You may take chance, but all the arguments raised by you are a matter of trial. The high court may not allow quashing of FIR on this ground. You may drop in a detailed query at [email protected]
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JSR/15714
as per the facts mentioned by you, it seems to be a good case for approaching the high court for quashing.
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