Guidance for criminal case u/s 408, 34(ipc), 66b & 72a of it act.
Mehboob Khan
(Querist) 02 February 2013
This query is : Resolved
Hi,
My query is that as per the sections (408,34 / 66B & 72A of IT Act) applied on the accused is there a possibility that a complaint can be filed against the Police and the complainant for falsely creating a case against the accused.
The 4 accused are out on bail as the 60 day time limit was over and the charge sheet was not submitted.
Its been around 1.5 yrs yet the chsrge sheet is not submitted.
I would like to know what step should the accused take in such situation as they belong to working class and due to this case they are not getting a suitable job.
It is a pure case of grudge against the accused as they joined another company leaving the previous organisation.
Also it is said the accused have stolen the data and sold it to other companies wherein the data they talking about is freely available on search engines. They claim such data to be owned for which they dont have any proof.
Please suggest.!!!!
Thanks,
Mehboob Khan.
Nadeem Qureshi
(Expert) 02 February 2013
Dear Mehboob Khan
First of I want to know that there was any time limited framed by the court to submit the chargesheet in the court, or give any instruction to police to file chargesheet within specific period. if yes, the police is bound to submit chargesheet in the court otherwise police can file the chargesheet only after completion of investigation, there is no time limit for completion of investigation, and court can not force to police.if the accused think that this is a false case they can file a quashing petition before HC u/s 482 of Cr.PC along with the documentory evidence with relevant judgement of supreme court and HC.
after quashing the FIR or acquitted in the case the accused have right to file a criminal defamation, civil defamation and malicious prosecution's case against complainant and police too.
Feel Free to Call
Raj Kumar Makkad
(Expert) 02 February 2013
In the given circumstances, the prosectuion shall fail to establish its case beyond dount and the employee (ex) shall get its benefit so it is better to go for quashing.
