Quashing of FIR against 482 cpc


Hi, My father has been trapped by 2 girl, whose age is below 18, under section 354 34 ipc, 10 pasco, sc/st 3(1),3(2), and v(k). One teacher Dinesh nayak has some issues with my father so he braught 2 girls from school and forced them to say against my father in front of media. On the basis of newpaper, BEO investigated. It is all happeing becuase of money, there are few small political leader who are demanding for money from us to close the case. My father is well know teacher and his age is 53 years. I did not have a single black spot in his career. Whole village is in my favour of my father becuase they everything that my father has done nothing wrong. Everday day they are demanding for money. You know very well that under this sections its very difficult to get bail. When we had discussed with police station incharge , he told that i can not do anything becuase i have some political pressure. Girls are saying my father did something with them 3 years back. There was already one investigation took place by the block education office , under which my father found to be innocent. These days courts are very strict in such cases , so its very difficult to get bail. We have lost all our hopes. We applied for bail in session court. It got rejected. Now we are thinking to go high court for quashing of FIR on basis of BEO report. In BEO report it is clearly written that no such incident happened in school. All this happened because of quarrel between teachers. So they are transferred to different places.
 
Reply   
 

Hi vaibhav,

Prima facie there appears to be a strong case in favor of your father. Quashing of FIR certainly appears to be a valid course of action, i would  also suggest moving an application of regular bail before the High Court concerned.

 
Reply   
 


Advocate

This request has already been replied.
 
Reply   
 

Sidharth sir, i am asking suggestion. Bail got rejected from session court. Now what should i do next?
 
Reply   
 

As i mentioned above try for a regular bail before the Hon'ble High Court.

 
Reply   
 

Sahni sir, we are afraid to go to high court because if bail got rejected there, then we woudnt have option. Whether we should go for 482 CPC? Or apply in high court for bail?
 
Reply   
 

Hi Vaibhav,

The thing is bail can be applied at various stages of trial, there is no presecribed statutory limit to it, even if it is rejected you can apply for it again. Therefore the option of quashing can be exersized after getting the bail, from a practical point of view, the court will not be inclined to quash, but it may grant the bail. Once bail is granted there is a stronger prima facie presumption that case is not strong and the same can be quashed.

 
Reply   
 

Ok.. Thank you sahni sir
 
Reply   
 
Advocate

Presently, your priority should be in getting the bail. The BEO's report would certainly be helpful in seeking the bail.

 
Reply   
 

Sir, we will not go for 482 CPC...but we are thinking to wait till chargesheet so that we can apply for bail again in session court
 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

Search Forum:








×

  LAWyersclubindia Menu