380 ipc but no eye witness

amit (Querist) 22 September 2025 This query is : Resolved
respected learned advocates ,
requests for your expertise on 380 ipc case police first arrested then next day seize cctv footage means first arrested then collected evidence (trial may be vitiated)
& it was when played found corrupted.

customer entered in shop guard sealed his bag after exit shopman cut this zip tied bag & according FIR articles of shop was found in his bag he got arrested & in charge sheet there was one picture shows three baskets on the rack where his bag was opened of ( means planting can not ruled out ) in FIR said they checked his bag into shop not at exit where they catch him
there is no eye witness
case is listed on October 25 for evidences
i wish to know can FIR be quashed in 482

value your opinions
PLEASE

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Quick Summary

This discussion explores the possibility of quashing a 380 IPC FIR and charge sheet due to potential procedural irregularities. Key concerns include the timing of evidence seizure (CCTV footage obtained after arrest), a corrupted CCTV file, the absence of eyewitnesses, and the possibility of planted evidence. The legality of the arrest and potential illegal confinement are also raised, with the defence aiming to highlight contradictions between the prosecution's claims and submitted photographic evidence.

T. Kalaiselvan, Advocate (Expert) 23 September 2025
Instead of trying to get the FIR quashed, you may better wait for the charge sheet to be filed so that you can file a quash petition to quash the charge sheet which will be having more material information.

amit (Querist) 23 September 2025
thank you for your reply
charge sheet has been filed & after 15 days complainant will come for his testimony with three other witnesses
i have read that if first arrest after next day police got evidence that is cctv footage in pen drive means illegaly obtain evidence this will result the trial vitiate
this is right or wrong
also when court run pendrive it found corrupted & there was no eye witness & police kept this accuse woman whole night in surveillance of lady constable then next day 12:30 pm arrest memo was prepared means illegal confinement may be .......
and after third day police made seizure memo of pen drive
what is your opinion please

amit (Querist) 23 September 2025
thank you for your reply
charge sheet has been filed & after 15 days complainant will come for his testimony with three other witnesses
one is manager of shop & OTHER THREE are shopkeeper staff
none other was witness
no independent witness
i have read that if first arrest after next day police got evidence that is cctv footage in pen drive means illegally obtain evidence
this will result the trial vitiate
this is right or wrong
also when court run pendrive it found corrupted & there was no eye witness & police kept this accuse woman whole night in surveillance of lady constable then next day 12:30 pm arrest memo was prepared means illegal confinement may be .......
and after third day police made seizure memo of pen drive
this case has been pending since five years

facts of case is at entering they zip tied her bag & passed through metal detector then at exit a guard was standing to stamping bills
the lady exit after exit they catched her and tooked her in a room where three baskets of shop filled with stuffs was there (as shown in picture which police submitted with challan ) presence of those baskets with stuffs court may infer planting ( ...?)

in another picture submitted by police with challan showed this accuse woman standing with a guard & no woman staff apprehended
her as manager claimed our staff woman forcibly apprehended accuse lady in his complaint
means can court will found manager lie( picture is contradict to manager saying )

is there high or weak chances to quash chargesheet

what is your opinion please

T. Kalaiselvan, Advocate (Expert) 23 September 2025
You can discuss with your advocate on the points you rely upon and ask him to present his strong arguments with supporting relevant citations.

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