anonymouss (employee) 23 December 2017

Anticipatory bail in case of complaint by neighbours for disproportionate assets

Dear Sir I am a central government employee. We have a very problematic neighbor who keeps fighting with all the neighbors. This neighbor has complained to CBI that I have disproportionate assets. Based on her complaint and pressure from her, they have taken up the case and filed an FIR on me during october 2016. After filing FIR, they have searched our house where nothing was found. After search is completed, they have asked for some documents asking for sources of income, expenditure etc. All the details are submitted during Jan 2017. The investigation is in completion stage. At this stage, I have decided to resign from my job. My resignation has also been accepted by our authority. After resignation, I will no longer be a government employee, but a private person. Is it required at this stage to take anticipatory bail..? As on date the case is still in investigation phase. I am almost certain the case to be closed as there are no disproportionate assets as complained.

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KISHAN DUTT KALASKAR (Advocate) 23 December 2017

1. Your conclusion is no conclusion for CBI.

2. In your interest it is necessary to obtain anticipatory bail.

3. In most of the cases the CBI only files charge sheets as it is their prestige issue as to whether there is case or no case. You may go for quashing of charge sheet once it is filed.

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(Guest)

Yes please do so. It is advisable to take an Anticipatory bail to evade any unfavourable circumstances. Your certainty cannot be taken as guarantee for closure of case. Even if you have resigned the FIR that was lodged was of period when you were a govt. employee so your resignation makes no difference. To be on the safe side file an Anticipatory bail petition before Court.

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anonymouss (employee) 23 December 2017

Dear sir. Thank you very much for your advise. Are there instances where chargesheets are quashed before trial is started? Or is it rare ?

(Guest)

It is not chargesheet that is quashed it is the FIR which will be quashed and for that you need to file a quashing petition before Hon'ble High Court. The power to quash can be invoked even at a preliminary stage but once charges are framed the High Court will not normally exercise the power unless there would be manifest injustice or there is abuse of the process of the court. Contact me for further legal remedy.