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Quashing of fir

This query is : Resolved 
 

Online (Querist)
13 February 2018

Sir a false FIR is registered against me and my wife and i made an enquiry to the senior police officer to cancel the FIR but he has not cancelled the same. the enquiry report is as under:-
:- I enquired the FIR No. 289 u/s 419 IPC PS Kotwali & it is observed that this case is registered on the letter No. 2483 of Dist. Consumer Fora, Bathinda, & on the enquiry report made by DSP Bathinda & registered against Bhagwan and Kanwaljit Resident of House No. 509, Lajpat Nagar, Nawanshahr. In the inquiry made by DSP Bathinda, It is observed that on 24.12.2016 a test was conducted for the post of clerk in Dist. Consumer forum, Bathinda and same was conducted at SSD Sr. Secondray School , Bathinda and In this test Gursewak Singh Superintendent was on duty along with other employees i.e. Bharat Bhushan (Reader), Iqbal Kaur(Junior Steno), Rakesh Kumar (Junior Steno), Surita Rani (Junior Assistant). In this test on Roll No. 1025 Kanwaljit and on Roll No. 1026 Bhagwan take the test. No video-Graphy of this test was conducted by the department. In this test Bhagwan Das son of Sadhu Ram resident of house No. 509, Lajpat Naga, Nawanshahr and Kanwaljit D/o Parkash Singh Resident of House No. B5/509, Lajpat Nagar, Back Side Satluj Cinema, Nawanshahr have made cheating in this paper and in this regard Shri M.P S Pahwa, President Dist. Consumer forum, Bathinda wrote a letter to the Registrar, State Consumer Commission, Punjab vide letter No. 12464 dated 26.12.2016. In this regard a letter No. 11616 dated 28.12.2016 was received from the head quarter and was directed to register an FIR. In this regard a letter was written by Dist. consumer forum to Station Housing Officer, PS Kotwali, Bathinda on enquiry, it’s found that, the printout which was came from the computer of roll number 1025 has already duly signed by roll number 1025 Kanwaljit & Bhagwan was taking the test on Roll no. 1026. The printout came from that computer was also in the name of Kanwaljit . That the test given on roll No. 1026 but the same is typed in the roll No. 1025. So roll No. 1025 may be passed. No such record of the computer print of Roll No. 1026 is available. Roll No. 1026 is also taking the test in the name of Kanwaljit Roll No. 1025. This test is taken by Bhagwan on this he left without making his sign on it. Regarding this Gursewak Singh make a note on his answer sheet. According to the statement of Gursewak Singh on enquiry, it is came into notice that Bhagwan is already working in the Dist. Consumer forum, Nawansahhr on the post of clerk, who made cheating accompanied with Kanwaljit for pass her in computer typing test. in these both applicants the present address is given as H. No. 509, Lajpat Nagar, Nawanshahr and permanent address is given as Karhali District Patiala which is mentioned in their applications. But the above addresses are written after making some difference so these addresses may be seen different.So DSP Bathinda recommended for legal action on which opinion of DA Legal was called & case was registered
Sir I filed a petition under section 482 before Punjab and haryana high court on the basis of that the ingredient of section 416 not made out. kindly guide me it must be quashed or not as this is fake FIR is against and same offence is note made by me please guide me.


Kapil ChandnaOnline (Expert)
14 February 2018

Sir,

Can be quashed ....

Warm Regards
Kapil Chandna Advocate
Advocate Supreme Court of India
9899011450,9911218741

Kumar Doab (Expert)
14 February 2018

For a very able counsel IT can be possible.

Take help of your own very able senior LOCAL counsel of unshakable repute and integrity specializing in Criminal matters and having successful track record……….

Bhagwan dass Online (Querist)
14 February 2018

Sir this FIR is false and also filed a quashing petition before punjab haryana high court

Bhagwan dass Online (Querist)
14 February 2018

Sir this FIR is false and also filed a quashing petition before punjab haryana high court

Bhagwan dass Online (Querist)
14 February 2018

Sir this matter is related to earlier matter when I was transfered to mansa in may 2016

Bhagwan dass Online (Querist)
23 April 2020

Now the FIR has been quashed by Hon'ble Mr. Justice Ramendra Jain, Punjab and Haryana High court vide it's order dated 27.02.2020. kindly suggest me whether is can reinstate and whether I can prosecute these officers and officials who registered a false FIR against us?

Raj Kumar MakkadOnline (Expert)
23 April 2020

Yes. You have two options. One is to file a defamation against such persons and second is seeking compensation which is a ciil remedy and shal require court fee to be affixed with the plaint.

Bhagwan dass Online (Querist)
23 April 2020

I want to initiate action against these diligent persons who by sitting on the highest seats of Justice are commuting unjustice with innocent people who defend their rights, I want to prosecute them u/s 167, 211, 218, 220, 499, 500, 120B. 2 persons among these are retired judge of high court and 3 are consumer forum presidents who conspired this entire episode against me as I exposed their recruitment scandal. 1 adgp, 1 IG 2 AIG, 1 SSP, 2 SP, 1 DSP AND 1 SHO are include in this entire episode. Despite 4 time police enquiry the police has failed to give me justice and despite non availability of any evidence not cancelled FIR against me.

Bhagwan dass Online (Querist)
23 April 2020

As I was terminated from.services due to this FIR, can I shall be reinstated? Please tel me sir

Bhagwan dass Online (Querist)
23 April 2020

Please tel me. Whether I shall have to approach to Governor of Punjab to remove these delinquent officers who involved in this entire conspiracy.

N.J.S.Rajkumar alias narasimhaOnline (Expert)
23 April 2020

"Highest Seats Of Justice " obviously you are mentioning about Honorable Judges . ( Refer your last 3 posts ) .

N.J.S.Rajkumar alias narasimhaOnline (Expert)
23 April 2020

Discretion of Courts can not be objected and Honorable Judges can make their own decision irrespective of any thing and Appeal would be the only remedy in such situation.

N.J.S.Rajkumar alias narasimhaOnline (Expert)
23 April 2020

You should only make humble pleadings for your reinstatement of job and other things and you would land your self in more trouble if you comment or complain about Honorable Judiciary please.

Bhagwan dass Online (Querist)
23 April 2020

I am not asking about judiciary , I am asking about those persons who being administrative officers misused their positions which has been duly proved further their recruitment scandal is also brushed. So a judge has sole right to register false FIR against any one in his interest ?

Bhagwan dass Online (Querist)
23 April 2020

The comments on judiciary is contempt only when any decision given during discharge of judicial functions and not administrative functions. Administrative functions are distinct from each other

Bhagwan dass Online (Querist)
23 April 2020

It is judiciary which gave me justice and pleased to quash false FIR but a retired judge who become president of district forum and state commission misused their position. Whether they have sole right to misuse their position ?

Bhagwan dass Online (Querist)
23 April 2020

These type of persons must not allowed to full fill their malafide motive by taking the shelter of judiciary

Raj Kumar MakkadOnline (Expert)
23 April 2020

You yourself know how a contempt of court situation may arise which may further invite trouble for you so better to close that chapter by forgetting whatever treatment was meted out wth you because ultimately you shall have to knock the door of the judiciary seeking any lawful remedy.

Raj Kumar MakkadOnline (Expert)
23 April 2020

So far as your desire to initiate action against the other administrative police or administration officers are concerned, if their actions were based upon malafide not permitted by law then you can definitely sue against them but beware that you shall have to obtain sanction under section 167 of Criminal Procedure Code for that purpose. Generally in Punjab (where i also reside), it is very difficult to have such sanction especially during the present regime.

Raj Kumar MakkadOnline (Expert)
23 April 2020

Merely acquittal in the criminal case ipso facto do not make a person eligible for reinstatement in his service. Departmental proceedings are entirely different than the criminal case though the sole charge may be of lodging of FIR. You shall have to submit some more facts of the departmental disciplinary proceedings and its present status for obtaining appropriate information/advice.

Bhagwan dass Online (Querist)
24 April 2020

This offence as alleged was not related with duty discharged by me. Further there is no department inquiry has been initiated against me. I had terminated from services without any hearing. No show cause notice etc was issued to me. No department inquiry is initiated against me thus no inquiry is pending. I had filed petition in high court for reinstatement but the same was dismissed being pending FIR.

Bhagwan dass Online (Querist)
24 April 2020

When I was terminated I was on probation at that time. I have studied Palak Modi supra in which it is mentioned that even a person on probation cannot terminated without hearing if termination order is stigmatic. As in my termination they mention the reason of FIR, thus the same held is stigmatic but due to the pendency of FIR my petition was dismissed. I file LPA but same was dismissed as withdrawn. Now the facts has been changed as the FIR is quashed.

Rajendra K Goyal Online (Expert)
24 April 2020

Discuss with your lawyer who is fully aware of your case file.

Discuss regarding the termination order, language and explore the scopes of reinstatement.


Raj Kumar MakkadOnline (Expert)
24 April 2020

I do agree with you that without following the disciplinary proceedings, an employee cannot be terminated. As per facts subsequently put up by you, it emerges that your petition seeking reinstatement has been dismissed by Hon'ble High Court on the single ground that FIR is still pending against you. It shall be a better course for you to either re-call the same order in the light of subsequent quashing of FIR or file fresh Quashing Petition with the changed circumstances and seek reinstatement accordingly. Law is in your favour if the facts put forth by you are correct.

Rajendra K Goyal Online (Expert)
25 April 2020

Full case file need to be referred. From the given facts it seems the case can be in your favor if proper line / steps / strategy / is adopted.

It is your lawyer who is to decide how, where, when each step need to be taken.



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