Can accused file protest petition after filing of chargesheet?

Can accused file protest petition after filing of chargesheet if the investigating agency is suppressed the real facts like Call Details or any other data which are only given to the authorities like investigating agencies and on court orders. I have heard most of companies retain data for limited time and the investigating agency has intentionally delayed for 2 years to file chargesheet. What is the remedy ? Thanks in advance

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2 answers

Criminal

Posted on 06-Jan-19

Advocate DEEPANKAR

Answered on 07-Jan-19

Yes defence lawyer will argue these during the framing of charges. You can file an application for summoning such records under section 91 Cr.PC. There is no such thing called protest petition. You can file a discharge application after framing of charges

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Advocate Kishan Retired

Answered on 16-Jan-19

Dear Sir, The remedy lies under Section 239 of Cr.P.C to seek discharge. This application may be filed before the Trial Court. Alternatively you may file quashing petition under Section 482 Cr.P.C at this stage. Otherwise you have to file revision against orders passed on 239 application if the same are against you. Please go to my Profile on this site (Myadvo) and Review and Rank me No.5 and call me for more legal advise.

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