Quashing of chargesheet

 

(Querist)
14 December 2018

Respected Seniors,
A and B are Tasmac supervisors. one day night thought that the place was restaurant, they horned before the bunglow owned by politician. repeated sound of horn watchman of that bunglow opened the gate. when the two supervisors entered into that bunglow subsequently owner and watchman of that bunglow called police and questioned about their safety. Though A and B both are apologized, politician thinking that was a prestigious issue pressurized police to file FIR u/s. 452, 294b, 323 and 506(ii) IPC. Due to this both the supervisors were suspended from their service by their department still now. After remand and bail proceedings got over now the police altered the FIR only u/s. 447 IPC and filed the charge sheet before the MM court as Summary Trial Case. In that chargesheet also there are contradictions in the statement of defacto complainant. First hearing got over and ordered to proceed with trial. Though this is a compoundable offence , Both A and B accepted guilty then they will be terminated permanently. So they have no other way except to take the trial proceedings as per my view.
1. Except that can I file quash before the Highcourt. any scope to get the quash this chargesheet? whether will it be a good remedy for them to revoke their job?
2. Or can i file the discharge petition before the MM court?
3. Or If the defacto complainant ready to compromise, then Can they get their jobs back?
4. If so in the compromise memo what should be stated to revoke their job?

may please guide as early as possible


Isaac Gabriel (Expert)
15 December 2018

It is advisable to go in for quash at the HC

KISHAN DUTT RETD JUDGE (Expert)
18 December 2018

Dear Sir,
My answers are as follows:
1. Except that can I file quash before the Highcourt. any scope to get the quash this chargesheet?
Ans: Yes, you can file quashing petition because in rarest of rare cases discharge application will be allowed by Trial Courts. If the charges are in respect of summon cases then the Trial Court has no power to discharge.
2. whether will it be a good remedy for them to revoke their job?
Ans: First try for revocation of your suspension and join the job. For this purpose you may approach Service Tribunal or High Court.
3. Or can i file the discharge petition before the MM court?
Ans: It is not advisable.
4. Or If the defacto complainant ready to compromise, then Can they get their jobs back?
Ans: Get the case compromised before the Trial Court and try for revoking of suspension.
5. If so in the compromise memo what should be stated to revoke their job? may please guide as early as possible
Ans: In compromise petition such things should not be mentioned about revocation of suspension.

Please mark “LIKE” if satisfied by my answer.

M V Gupta (Expert)
22 December 2018

Proceedings before the HC for quashing of the charge sheet take unduly long time. Better course is to get the proceedings compounded with the concurrence of the complainant. If you are working in public sector your employer may not agree to revoke the suspension during pendency of criminal case.



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