procesure of quashong a criminal case
R C Meena
(Querist) 18 August 2016
This query is : Resolved
A criminal as well as a departmental charge sheet was issued against me in a case which was arises out of an investigation carried out bu cbi
Now i have been exonerated in departmental case
Should i go for quashing the criminal case in high court or
Should file an application before trial court under sec 313 crpc
Pl suggest
Devajyoti Barman
(Expert) 18 August 2016
Well, acquittal in criminal case or exoneration in departmental inquiry does not ipso facto mean end of another proceeding.It well establisged principle of law.
The degree of proof is much lax in DP and exoneration in it is not going to effect the criminal trial in any manner whatsoever.
So quashing on this ground has no merit.
adv.bharat @ PUNE
(Expert) 18 August 2016
Agreed with expert opinion.
There is no merit in ur case to quash it.
Rajendra K Goyal
(Expert) 18 August 2016
Defend the criminal case against you on merits.
R.K Nanda
(Expert) 18 August 2016
Nothing to add.
R C Meena
(Querist) 18 August 2016
But in case of P S Rajya v state of vihar it was held by SC that CBI cannot pursue the prosection against the accused under POC act when accussed on an identical charge exonerated in departmental proceedings
R C Meena
(Querist) 18 August 2016
Moreover, there is no allegation against me exept a false statement under 161 of a prosection witness who also denied in departmental enquiry that he has not given any such statement to cbi.
This is pure case which attract provisions of section 211 IPC. Means malicious prosection by cbi
R C Meena
(Querist) 18 August 2016
Case of prosection is that an encroachment on public land was not removed by me during 2004 and my defence is that i was not posted there. There is no evidence with cbi except a witness in 161
In the departmental inquiry it has been proved that i was never posted in the said area
R C Meena
(Querist) 18 August 2016
Case of prosection is that an encroachment on public land was not removed by me during 2004 and my defence is that i was not posted there. There is no evidence with cbi except a witness in 161
In the departmental inquiry it has been proved that i was never posted in the said area
Kumar Doab
(Expert) 18 August 2016
You seem to have merits.
Attempt honorable acquittal in all cases.
R C Meena
(Querist) 19 August 2016
Should i make an application under 182 ipc or an application to govt for withdrawal of prosection or application under 313 crpc gor statement or CMA under 227/482 in Hc
Pl guide
Devajyoti Barman
(Expert) 20 August 2016
Without seeing the contents of both FIR and Memo of Charge it is difficult to advise.
As I have stated that mere exoneration in not enough reason for quashing unless there is merit in quashing case independent of result of DP.
Raj Kumar Makkad
(Expert) 20 August 2016
As per your version, the only issue involved in both the proceedings is that you failed to remove the encroachment from public property being a public officer during the year 2004 when you were posted at a particular place and during the departmental enquiry, it has been established that during that period, you had not been posted at that place hence the question of violation of POC or dereliction of duty do not arise.
In the given case, it shall be better to go to high court seeking quashing of FIR if you see that trial court proceedings shall take a long time to finish otherwise the result of the ongoing proceedings seems written on wall. Now option is yours.
R C Meena
(Querist) 21 August 2016
Thanks for valuable advice
Rajendra K Goyal
(Expert) 29 August 2016
Repeated query:
http://www.lawyersclubindia.com/experts/Can-accused-make-an-application-for-withdrawal-of-prosecutio-613966.asp
