Quashing reg. ( sc/st act)
SENTHILVEL
(Querist) 28 July 2015
This query is : Resolved
RESPECTED SIR/MADAM,
My parents have signed in an empty bond paper in 2009 with the petitioner name Jothi. That time I was working in an educational institution as Teacher from 2005-2011. I have the attendance copies also.
Now P.Jothi has filed an FIR under SC/ST act according to the direction obtained from H.C.(either to close the petition or register FIR, I was asked to pay Rs.4,00,000/- by P.Jothi for not to register FIR through police)which says that Jothi has come to my house to ask the money from my parents. She has mentioned that my father and I abused her in her caste name i.e. "Sakkili Naye". Now my father expired. my mother is alive.
But actually that event was not happened on that day. The money problem was arised due to chit. Along with my parents name, mine, my wife name she has included four other persons name also in the FIR, now the investigation officer deleted the all other names and the case is pending against only me. I have got condition bail also.
Now, my question is
1. P.Jothi has agreed that I have not signed in any of the bond paper with her. I am working as a teacher in Govt.School. In order to collect the money from my parents she has included only my name as per the direction of the High court ( which says that either register FIR or close the petition according to the offence.)
2. Out of the many sections which was included in the FIR,only sections 294b & SC/ST Act was filed by the IO against me.
3. I belong to MBC and my wife belongs to ST. I have done Inter-caste marriage also. The case was SC/ST Act. Though I respect all the religions and caste I have married a person who belongs to ST.
4. She has mentioned that the said event took place on Sunday 7.30 a.m. 12.01.2014. On the day night I had gone to the temple, I have the online train ticket also. On 11.01.2014 itself I along with my wife and my child went to my father-in-law house which is in my same native place.
5. There were many discrepancies between the High court complaint & the FIR.
On the above circumstances can I Quash the FIR in the H.C.?
1. The charge sheet was not prepared. Can I apply for the quash petition either before the charge sheet was submitted or even after the submission of Charge sheet also.
2. Will the above situations work out for quash and will it be favourable for me?
3. Howmuch will it cost for applying for a Quash in H.C.
Job?
I am working as a Teacher in Govt.School. I have got condition bail also. Now I am continuing in the Job.
Kindly advice me.
Anticipating your reply my honours.
Thanking you,
Yours truly,
S.Senthilvel
Guest
(Expert) 28 July 2015
Law Can Not be absolute Property of a Few and should only Hope that the Provisions of special Legislations are not abused by few so as to ensure that benefit is able to reach the actual exploited Ones.The Courts had already Recommended that before any Final report in SC/ST Acrs Cases filed It is Strongly Monitored and Examined at a Still Higher Value So as to Check the Frequent Misuse.Better Consult a Senior Good Advocate and Proceed.In these matters dont be Counting the Fees Act fast and come out of the Issue.
SENTHILVEL
(Querist) 28 July 2015
Respected N.J.S sir,
My humble thanks for your kindly reply sir.
Guest
(Expert) 28 July 2015
You are Welcome Please.All the Best.
Rajendra K Goyal
(Expert) 28 July 2015
The quash petition may not be allowed, proceed with the case on merits.
SENTHILVEL
(Querist) 29 July 2015
Respected Rajendra K sir,
My grateful thanks for your open hearted reply sir. With regards... S.Senthilvel
M/s. Y-not legal services
(Expert) 30 July 2015
yes. you have to face the trial only. quash is not possible for your stated offence.
SENTHILVEL
(Querist) 31 July 2015
Respected Thangapandian sir,
I am from Attur, Salem Dt.
