Fir vs. proceeding quashing!

mohanlal (Querist) 25 January 2013 This query is : Resolved
The estranged wife (hereinafter called as Complainant) of a man (hereinafter called as Accused) lodged an FIR u/s 498-A at the home town of her father a distance 2700 km from the city in which the Accused is staying. In the said FIR the complainant falsely implicated the Accused, his parents, his brother and his brother’s wife.

The Accused was arrested and now is on bail. The other Accused persons got the anticipatory bail.
The Accused came to know that police have not submitted charge sheet against the other Accused persons.

Thereafter the accused received a summoning Order, written in a language not known to the Accused, issued from the concerned court. The copy of the charge sheet and other documents annexed therein has not been furnished to the Accused so far. Officially even copy of the FIR has not been served to the Accused so far.

The Accused is trying to make an application under section 482 of Cr. P. C. for “Quashing and to set aside the FIR and all further proceedings mandating therefrom”

For that purpose he engaged a Ld. Counsel practicing in High Court of the city in which the FIR has been lodged and proceedings have been instituted.

The Accused requested counsel to make an application for “Quashing and to set aside the FIR and all further proceedings mandating therefrom”. But due to delay by the counsel, the application could not be filed before the first date in trial court. Now the next date is given on 1 Feb, 2013.

Now the Counsel has prepared the application in which he made prayer as under :

“In the premises aforesaid it is therefore, most respectfully prayed that Your Lordships would be graciously pleased to call for the record of the case, issue notice upon the opposite parties to show case as to why the impugned proceeding i.e. G. R. No. ………… instituted against the accused/petitioner on the basis of the charge sheet No. …. dated ….. U/s …..IPC pursuant to the FIR dated FIR No. …… dated …….., presently pending in the Court of …….. shall not be set aside and quashed and after hearing the parties make the Rule absolute” …

In the application prepared by the counsel, he has annexed the copy of the FIR, statement of the complainant u/s 164 of Cr. P. C., charge sheet and order of taking cognizance.

When the Accused insisted and told the counsel that only annex the FIR because Accused is going for FIR quashing and challenging the FIR. The counsel is saying that not annexing the above mentioned documents will amount to suppression of facts.

The Accused told that since all these documents are in the record of trial court and anyhow the High Court is going to call the records from the trial court therefore there is no question of suppression of any material fact. Further since the Accused has no knowledge about the contents of the charge sheet and other documents annexed therein. Therefore the Accused can not and must not rely of such documents contents of which he does not know. Further no one can compel the Accused to make the documents as annexure and rely on it which is purported to be against the Accused because it will be hit by the Article 20(3) of the Constitution of India.

Counsel says that time for Quashing of FIR has been over. “After submitting the charge sheet an application under 482 of Cr. P. C. for Quashing FIR without challenging charge sheet is not maintainable”.

The Accused insisting to annex the FIR only and challenge only it and if the FIR will be quashed and set aside then all further proceeding mandating therefrom will be Quashed and set aside automatically.

Now the Tug of War is going on.

Humble suggestions of Learned Counsels Please !!!

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