EOW investigated the matter even after transferring it.
meenakshi chauhan
(Querist) 17 December 2010
This query is : Resolved
"A" made complaint against "B" in Economic Offense Wing. EOW transfered that complaint to local police stating that its not in their jurisdiction. but "A" made pressure on EOW , wrote letter to EOW stating the names of some senior police officers and asked EOW to take up the matter. EOW just on the next day get the case registered with them, that too without calling the complaint back from local police.
so, complaint gets registered in EOW and local police both..
both started the investigation on the same complaint.
EOW makes the FIR registered and do the arrest of "B" and same complaint is still pending with the local police.
EOW filed the chargesheet and same complaint is pending with local police..
even the civil suits are pending between "A" and "B". "A" opted for criminal proceeding to pressurize "B".
now what can the "B" do?
can he go for the quashing of the FIR?
Can the apex court quash the FIR?
Please refer me some judgement if anyone can.
"B" is my father.
please help..
A V Vishal
(Expert) 17 December 2010
Give the case details
Devajyoti Barman
(Expert) 17 December 2010
The FIR before the police station should be quahed. Any judgement on quashing regarding abuse of the process of court should be applicable.
A V Vishal
(Expert) 17 December 2010
You can approach the high court and file a writ.
meenakshi chauhan
(Querist) 18 December 2010
case is regarding the forgery of document. sections are 420, 467, 468, 471, 120B.
in trial court argument on charge is going on..
i have talked to many lawyers they have told that 420, 467 and 468 is not applicable in our case.. but still arguments are going on. judge has asked for clarrification..
SANJAY GUPTA
(Expert) 18 December 2010
See no matter whatever sections framed under charge, your option open to go to high court after charge framed, so need not to worry, again verify whether only complaint lodged to the local p.s. or F.I.R, if complaint had been registered, no use of going to high court,better to face the trial.
Devajyoti Barman
(Expert) 18 December 2010
The trial court can do nothing. For quashing only the high court is the recourse.
s.subramanian
(Expert) 18 December 2010
There cannot be two FIRs for the same offence. It is illegal. File quash proceedings without delay in High Court.
Advocate. Arunagiri
(Expert) 18 December 2010
The FIR of the local police is liable to be quashed, if the offense shown is same of EOW FIR. Go to HC.
The CC is maintainable and can not be quashed.
meenakshi chauhan
(Querist) 19 December 2010
no local police still has not registered the FIR.
But was that not mandatory for EOW to call the complaint back from the police and then investigate the matter..?
And is EOW has its jurisdiction to investigate family's private property disputes? whic is not including the public revenue etc as mentioned by National Police commission in their 3report..?
Advocate. Arunagiri
(Expert) 19 December 2010
Please refer you original query, you have stated that
"so, complaint gets registered in EOW and local police both..
both started the investigation on the same complaint."
Now you are saying
"no local police still has not registered the FIR."
Please ask query by giving the correct information.
meenakshi chauhan
(Querist) 19 December 2010
FIR was not registered, I asked in police station they told me the case is registered but not the FIR.. I am sorry but i dont know whats the legality in that.. may be some diary entry in register..
Advocate. Arunagiri
(Expert) 19 December 2010
Okay.
As per your recent info, only the EOW has registered the FIR not the local police. No illegality, co-operate with the EOW.
