Stay - f.i.r
Pradeep Kumar
(Querist) 23 July 2014
This query is : Resolved
Hello Experts,
Everyone well aware of my case
1.My wife and her father arrested and remanded in Judicial custody for 8 days later enlarged on Bail Under IT ACT 66A,67A and Sec 4
2.Based on my father's complaint given in the month of April 2013 accused has been arrested in the month of September 2013 after obtaining material evidence
3.In Media Police said that ,we warned accused not to repeat these activity but she was keep on doing based on the evidence received from Facebook ISP and Local ISP they confirmed the accused and remanded.
4.In RTI also when I asked what is the reason for delay to file F.I.R after receiving evidence, police replied that we have taken time to analyze the document and to confirm they have delayed almost six months to file F.I.R
MY WIFE APPLIED FOR C.R.PC 482 AND GOT STAY FOR THE SAME AT INVESTIGATION STAGE
QUESTIONS
1.As explained in the point 3 & 4 after going through this also how the court stayed the Investigation?
2.whaever grounds it may be ,when police arrested the accused and remanded after two to three warnings and based on Material evidence ,why court didn't go through this and all?
3.there are 12 complaints still pending against the accused ,only the investigation will reveal whether the accused committee this offence or not.What is the necessity to give Stay to stop Investigation process?
5.Now I have got direction for my other pending complaints U/S 156(3) C.r.PC ,now I/O what he will do in this case?
Regards,
Pradeep
Raj Kumar Makkad
(Expert) 23 July 2014
If investigation or further proceeding has been stayed by Hon'ble High Court, put your arguments there only and there is no use to post such silly questions here.
Contest the petition of your wife, get vacated stay order and pressurize the police to initiate further action.
Devajyoti Barman
(Expert) 23 July 2014
1. Natural consequence while admitting the quashing application.
2. Court did no wrong.
3. Refer reply no.1.
4. Initiate investigation which has no connection with the pending Quashing case.
ROHIT SHARMA
(Expert) 24 July 2014
Dear Mr. Pradeep Kumar
1. Since direction in the matter of your other pending complaints U/S 156(3) C.r.PC, have been made and primarily the I/O has to file a F.I.R. in matter, unless the charges of the offence are not the same as mentioned in the previous F.I.R and are different. Hence in case if the charges are the same as that made under the previous F.i.R. then in latter case the H.C.order would restrict the I/O from recording a separate F.I.R. as directed to him u/s 156(3) Cr.P.C. 1973.
2. Since only stay is given by the H.C, and the further hearings are expected then prepare your brief to have such stay withdrawn. It is not that the H.C. has has been outright ordered the F.I.R, to be quashed as yet.
3. If need be contact this lawyer for further private legal consultation to resolve the issue of your query.
Adv. Rohit Sharma.
(B.Sc. L.L.B. L.L.M.)
(M) : 0-9824047971.
E-mail : lawgate1349@gmail.com
T. Kalaiselvan, Advocate
(Expert) 25 July 2014
I agree to the views expressed by expert Mr. Rohit Sharma which appears suitable. The author is too anxious hence has raised numerous queries without understanding the procedures before the court is different than what you can do it before any inquiry officer. All those why raised by him against the action of high court cannot be answered in the terms he can understand, hence he should understand certain issues involved in this.
However Mr. Rohit Sharma may desist himself from concluding the answer with his business promo ads.
