Legal Question in Criminal Law in
Charge sheet filed against me in Dispropotionate Assets case.Charges are yet to be framed by the Court. In a document my salary income from Govt. shown Rs.2,97,000/-where as per documents obtained from the same DDO my salary is Rs.12,34,000/- In fact Prosecution did not count the Wages paid to me in advance and subsequently deducted from the gross salary. If this income is included there will not be a case of Dispropotionate of Assets against me. Kindly advice me how I should bring the fact to the Court and file aplication for discharge.
2 Answers from Attorneys
at the time of arguments on framing of charge, you may present the document if not included in the charge sheet. However, in my opinion, the court might say that this is a question of evidence. You will have to use the documents in your defence if not in charge sheet. So, it will be your defence and you will be calling your HR to bring the record to the court and then prove the difference. It will be a question of trial
if this is the situation, you may move the high court for quashing the f.i.r. against you. in case you can prove through documentary evidence that no case is made out, the HC may exercise its inherent powers.
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