Legal Question in Criminal Law in India

In a dispropotionate of Asset case the CBI submitted a charge sheet. One of the document "Income from the Salary" shows the Balance of Wages paid to me. They have ignored the advance wages already paid to me but shown as deducted from the final bill. I have obtained the detail information alongwith copies of bills from the Department under Right to Information Act and submitted to the Court. Document submited by the CBI and RTI documents issued under the signature of the same officer.If the advance Wages taken into account the percentage of Dispropotionate of Asets will come to less than 10% and as per SC Ruling no case can be made out. I filed an application under Cr.P.C.227 for discharge and submitted the RTI document which reflectss the correct picture. Is there any Ruling that document submitted by me alongwith Cr.P.C. 227 application is admissible and the court may consider it? Kinldy help me.


Asked on 10/16/11, 12:52 am

2 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

At the stage of framing charge, the court may not consider documents produced by defence and instead confine its consideration to the prosecution documents forming part of challan.

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Answered on 10/16/11, 3:34 am
Shrichand Nahar S.V.Nahar, Advocate

After overruling of Satish Mehra in Debendra Nath Padhi, scope of considering material produced by accused at the stage of discharge is doubtful.

However, in Rukhmini Narvekar as held by Justice Katju as also in a subsequent ruling as held by Justice Lodha, such a material can be considered by the High Court exercising powers / jurisdiction under section 482 Cr.P.C. or Article 226.

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Answered on 10/17/11, 1:55 am


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