Legal Question in Criminal Law in India
Sir,
This is a matter of DA case. After recept of charge sheet I found that the income of my son was shown incorrectly as Rs.2,97,000/-as against Rs.12,63,000/-.I obtained the correct statement along with copies of bills under RTI and submitted to the Trial court to consider the same at the of framing chsrges. The prosecution is pressing hard that the same may be decided in Trial. In fact this the income if included there will not be a case of DA. Mylawer has now file a petition under Cr.P.C. 482 to High Court for issue of a direction to Trial court lookinto the defenc material at the time of framing charges by siting few Apex Courts Judgement thatin a rare case Defene Material can be looked into at the time of framing charges.The case in HC has been frixed next month. Kindly give me reference of Supreme Court order in the matter to putforth my argument. Also kindly advice whether this action of my Advocate is in right direction.
3 Answers from Attorneys
your case requires extensive legal research and you already have a lawyer in this case and you may ask him to conduct the same in your interest. it is only your lawyer can say whether the step he has taken is in the right direction or not.
read more on Indian Laws on my website www.karvai.in
I feel all lawyers have different strategies to win their cases and i would not like to comment on any other lawyer . Please check Sanjay Kalra and Associates on the internet to know more about our law firm and the legal services we are rendering for our clients from all over the World.
Multiple proceedings depends on nature of client and his/her financial ability.
If a material is sufficient to disprove the charges, then same can be done at trial also and by doing so your son would get an acquittal and not merely a discharge.
An acquittal is always preferred then a discharge in a criminal matter.
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