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SUNIL KUMAR.C (Accountant)     24 October 2013

Crpc 482

The local police have filed a case in a first class magistrate court in Kerala against me under sections 420, 465, and 468 on the basis of an investigation report of the police as per the direction of the district collector without hearing me or even without a notice to me. I was asked neither by the investigation officer nor the police to appear before them as I have been working abroad since 2007. Actually the case is in relation with a property deal and is in civil nature, and investigation officer, village officer, the police and the buyer of the land joined together and fabricated a wrong case against me in my absence. The reason for the case is a clerical error occurred in the document writer’s office while preparing the title deed to sell certain portion of my land to the above mentioned buyer and subsequently he discovered an error happened in the title deed of his land and then he filed a petition before the district collector on the assumption that he was cheated by me while preparing of title deed. Now the case is listed as L.P. (Long Pending) because the police reported that the accused (me) is absconding. Can someone please guide me how to confront the case before the court of law? Can I file a petition before the court for quashing this case under section 482 under C.R.P.C. because I was not aware about this issue as I have been working abroad?



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 4 Replies

T. Kalaiselvan, Advocate (Advocate)     25 October 2013

If you were not aware of the impending case against you so long, how did you come to know about it now?  You cannot file a quash petition on the grounds stated by you.  I think you may have to surrender before the court, enlarge yourself on bail and then only you can proceed with the case accordingly

ashoksrivastava (scientist)     25 October 2013

Originally posted by : SUNIL KUMAR.C


The local police have filed a case in a first class magistrate court in Kerala against me under sections 420, 465, and 468 on the basis of an investigation report of the police as per the direction of the district collector without hearing me or even without a notice to me. I was asked neither by the investigation officer nor the police to appear before them as I have been working abroad since 2007. Actually the case is in relation with a property deal and is in civil nature, and investigation officer, village officer, the police and the buyer of the land joined together and fabricated a wrong case against me in my absence. The reason for the case is a clerical error occurred in the document writer’s office while preparing the title deed to sell certain portion of my land to the above mentioned buyer and subsequently he discovered an error happened in the title deed of his land and then he filed a petition before the district collector on the assumption that he was cheated by me while preparing of title deed. Now the case is listed as L.P. (Long Pending) because the police reported that the accused (me) is absconding. Can someone please guide me how to confront the case before the court of law? Can I file a petition before the court for quashing this case under section 482 under C.R.P.C. because I was not aware about this issue as I have been working abroad?

@ querist have you attempted out of court settlement with complainant?This should have been your first step.

regards ASHOK

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     25 October 2013

Dear Sunil

yes you should be filed the quashing petition before HC u/s 482 of Cr.PC.

SUNIL KUMAR.C (Accountant)     26 October 2013

Dear Sirs,

Thanks for the quick responses.

One of my friends in my native place came to know that the local police is searching for me . Then I asked the police through telephone why you are searching me, then police officer informed me that there is an LP warrant against you .This way I understand that there is a case against me. I am still in confusion, Can I or cannot file a petition for quashing this case as I got two answers which are contradictory. One more ,these sections are bailable or non-bailable ?


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