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Counter affidavit

(Querist) 27 February 2015 This query is : Resolved 
Sir/Madam,

Kindly inform whether Police Investigation Report is enclosed with Counter Affidavit filled by the state in Criminal Petition placed in High Court for quashing of FIR. The Police didn't submitted Chargesheet. The Case was registered on 24-07-2014.
R.K Nanda (Expert) 27 February 2015
state full facts of case.
SUBRATA CHAKRABORTY (Querist) 27 February 2015
Sir,

I have been put in a case of 467/468/477A/120 B IPC .Some scholarship amount was diverted in my account.The amount remained intact in my account. During CD, POLICE changed my designation & place of posting & tried to impose me as a data entry operator for scholarship entry where as i have not been assigned by my office for making any data entry. The POLICE remarked me as i have diverted intensionally in my account.As i know that my high official didn't issued any order to make data entry for any project but i am in doubt was my signature forged to make any docs.Later on, I have been given A.B for High court on certain conditions. I want to go for quashing as i have not done data entry for that project & i informed the bank official also to refund the money from my account. But the bank official told that they will take steps for refunding but delayed the matter & already when the FIR was lodged after that they received the letter. i want to inform that the list of the beneficiaries was updated by DDO of school, then verified by District Education Officer & then finally passed by Respondent. I want to arise this question that if there was a false entry in Data entry process, then why it cannot be identified by DEO. DEO digitally verified the list & then the respondent too verified the list & then thereafter list is sanctioned & sent to Bank for payment. The bank also deposited the money step by step after interval of 14 days ,again after 20 days in my account. But POLICE didn't mentioned anything about them,why?? Is it not the bank fault that they are depositing money in my account with a interval of time & not informing me at all that all this money is deposited in account. Even they didn't gave me any information when i opted for knowing it.I have an memo issued by my respondent in which it is clearly mentioned about their roles & responsibilities i,e who will update data, verify etc. I have attached this with my criminal petition.Now i want to argue in support of that infront of court as why even if the amount is deposited in my account, why i will be liable as it is the duty of them to update & check errors in list.How they have passed list in which account no of beneficiaries doesnot match?? where as i have informed the bank verbally before launch of FIR to shift the money from my acc but bank nor showed any interst. Now if they are hiding their responsiblities < how can i put them in light.
Devajyoti Barman (Expert) 28 February 2015
I am not sure in which HC your quashing case is pending.
Before charge sheet the HC hardly invokes its jurisdiction to quash the case.
Quashing is hardly allowed.
So without perusing the documents it is difficult to advise merely on few lines of information provided herein.
SUBRATA CHAKRABORTY (Querist) 28 February 2015
The HC called for CD again & List it for hearing. I have collected few docs more which can show that the respondent role is there which he has tried to hide in FIR & even POLICE also didn't mentioned about it. Ex : One of his employee who was engaged in Close Supervision & Tracking list of the updated list where it can be shown that editing of docs also done in Respondent Level.The Letter which i have given to Bank (after FIR as bank did not informed me before regarding any deposit of excess money in my account.I myself submitted application,but due to their negligence ,they accepted it after FIR). Can I show them in Honorable Court as I have not submitted it along with the petition? I want to expose it so that their role can be shown in front of Honorable Court. Sir also pls inform me whether Police Investigation Report is enclosed with Counter Afidavit Filled by State.
R.K Nanda (Expert) 28 February 2015
ask from concerned police officer who is attending case in court about said report and get a copy of same from him.
SUBRATA CHAKRABORTY (Querist) 02 March 2015
Thank You R.K. Nanda Sir for Your Kind Information. One More Thing Sir, Whether I can Submit Additional Docs during Hearing which i have not submitted during filing criminal petition for quashing.As My Advocate is saying that i cannot show any docs more & what i have filled during petition ,on that basis Hearing will be done!! Is it like that?
SUBRATA CHAKRABORTY (Querist) 02 March 2015
Thank You Barman Sir for your kind information.


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