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What should approach to become equittal

(Querist) 09 May 2020 This query is : Resolved 
my relative put some cloth &grocery item &exit from mall.salesman &other caught him &cut the plastic strip zip tie on his bag (which malls worker had put on his bag before entrance .
zip tie was cut with cutter .
& they saw items &call 100 no. police came &took accused in police Thana
&manager gave CCTV footage &bag with articles to police & filed FIR & accused got jail & bail
my uncle met io (investigation officer) for help he said meet complainant . i can delay to file charge sheet.
&then lokdown is started. & now 17 may (the date of lokdown will stop) is coming soon.
charge sheet date is 21 may
what i can suggest my uncle to be approach to io &complainant as uncle is farmer & illiterate he don't know what to be make in our favor to become accused acquittal.
i am helping him.
could you please
1.can a final report or closure report or any other report may be done to be acquittal.
don't know what is in our favor.

2. can we pray complainant to fabricate his statement in our favor when io will record this in 161 crpc may be .

3.what should we try to that leads accused acquittal.
i am student .i dont know
I pray our counsel he don't want to see us & don't want to hear us .
this does not sounds good.

Raj Kumar Makkad (Expert) 09 May 2020
1. If the complainant is agree to make compromise then he can submit his application supported with an affidavit to the effect that he do not want to initiate any action against the accused then only police can consider and may file cancellation report, the chances of which are remote keeping in view the documentary evidence of CCTV footage with it, however, it police cooperates then anything can be done.

2. This is illegal and unethical of all of us to suggest you. Even if you commit with illegal act with the help of the police even then your uncle shall have to face trial for a long time and rest shall depend upon the evidence brought on the file by the prosecution. It is not suggested.

3. No.

4. Fabrication is not a good advice. Otherwise also the statement of the complainant would have been recorded as on the day. Once the complainant is ready for the compromise and police is also cooperating then ask the concerned IO to adopt the appropriate way.

5. You have already been advised above on this point.
P. Venu (Expert) 09 May 2020
What do you mean by "charge-sheet day is may 21"? Has summons been received to appear in court on that day? What are the offences alleged?
sonia sharma (Querist) 09 May 2020
We get certified copy of file (read in hindi )challan dinank x/3/20 ko pesh ho .this words is written on file
means challan should be filed on x march . Accused once went court after bail on x /2 /20.
&on date x/ 2 he appear in court in front of magistrate & only sign on paper which gave by our lawyer
After sign lawyer said him to go home NOT a single word not accused not lawyer not magistrate had asked .
.he(lawyer) told us no need to come again in court
Later he informed next date is x/3 & you need not to come court. we approach io to delay charge sheet . He said ok.
accused did not go on x /3/20 lawyer inform next date is x April .& on 25 march lokdown is started .
General secretary of bar association shared order of session court on his facebook page in which those hearing date falls on x April is extended on x may.
again he shared order on ( 3 MAY) of district &session court that whose date is on x may is next date is 21 may . many others date is also written in that order.
i understand little as above mention.
sonia sharma (Querist) 09 May 2020
offence is u/s380 ipc written on FIR
charge sheet is not filed .
we did not get summon.

P. Venu (Expert) 10 May 2020
Your making the postings without full grasp if the facts, I am afraid. The matter, it appears, and is in trial stage. There is very little that the Police can do at this stage.

Please try to obtain a copy of the charge-report from the advocate.

You may also contact the authorities of the Mall and inquire whether they are willing to settle the issue, If so, initiate steps accordingly.

It you know the Case No. the status could be ascertained from the e-Courts. TV serials or even films do not provide any real information about court procedures. It is better they are not taken seriously.
Dr J C Vashista (Expert) 10 May 2020
As stated your father was caught with goods in his bag/ possession the FIR shall have to investigate and charge him u/s 380 and 411 IPC, what is fact ?
Your query is based on TV Serial / drama or factual, as stated by you in your supplementary statement ?
How does FR U/S 173 Cr PC be prepared and approved by SSP/ DCP without issuance of notice/ summoning the complainant, his other staff/witnesses, any investigation to collect and submit evidence(s) when the accused is stated to be caught red-handed?
Many other questions are involved in your averments which make prima facie it as a hypothetical and fabricated but not a real story.
sonia sharma (Querist) 10 May 2020
i want to tell that my uncle`s another relative is servant of an IPS officer (crime bureau)home.
uncle said him to make help if he can.
servant ask his boss(IPS) .IPS replied don't cry i will help you give me FIR NO. &he told FIR NO.
servant told us that IPS will tell someone to bring your file in his office (police headquarter) to read it .
IPS replied to his servant that After seeing FILE &CCTV footage i can not help you.
we did not disclose this effort to police I.O. or any other person.
Now may be police can not help.because of IPS has seen this
sonia sharma (Querist) 10 May 2020
In FIR U/S 154 crpc only 380 IPC is written.
police did not present any OTHER paper in court after FIR. till 10 may2020
police did not present charge report .
we can contact higher authority of mall after 17 may when lokdown will stop.
P. Venu (Expert) 10 May 2020
The facts stated are less than convincing. Ascertain the the facts, if any and come back, if there are any real issues.
Raj Kumar Makkad (Expert) 10 May 2020
In the given facts, Challan has already been filed and charge also stands framed. Now if the complainant agrees then he may change his statement so that a benefit of doubt may be given to your uncle. Police can do nothing now after submission of the challan.
sonia sharma (Querist) 10 May 2020
मजिस्ट्रेट ने 10 फ़रवरी को फाइल में लिखा था APO उप.(उपस्थित )अभियुक्त बर जमानत उप.(उपस्थित )
AP या RP (डोंट अंडरस्टुड )इंतज़ार चालान दिनांक 4 /3 /2020 को पेश हो !
हमनें IO से कहा 4 /3 /2020 क़ो चालान मत देना वो बोला ठीक है
अभी तक कोर्ट में IO ने कुछ नही दिया
FIR के अलावा
Hemant Agarwal (Expert) 10 May 2020
1. What you are trying is to Get away free after committing a Crime against his co-citizens. Imagine IF everybody does this and gets away. There will be extreme lawlessness.

2. Now imagine that a person commits murder or rape of a close family member .... Now what would you do ????
sonia sharma (Querist) 10 May 2020

एप्लीकेशन फॉर रिमांड (नियम 379 )में लिखा है दौराने अनुसंधान परवादी व गवाहान के बयान लेखबद्ध कर शामिल पत्रावली किये गए व घटना स्थल का नक्शा मौका कसीद कर शामिल पत्रावली किया गया
मुल्जिम द्वारा चोरी किये गए सामान को परिवादी ने पेश किया बतौर सबूत जरिये फर्द जब्त कर कब्ज़ा पुलिस किया मुल्जिम के विरुद्ध धरा 380IPC का अपराध प्रमाणित पाए जाने पर धारा 41CRPC की चेक लिस्ट जारी की गई मुज्लिम गिरफ्तार कर लिया ये जनवरी में लिखा था इसके बाद मजिस्ट्रटे ने फ़रवरी में लिखा चालान 4 /5/2020 को पेश हो
sonia sharma (Querist) 10 May 2020
.may be accused forget or confuse where to pay bill.
or something else was happened.
Guest (Expert) 10 May 2020
It should be "Acquittal " in the Title Or else the author could explain what is " Equittal "
sonia sharma (Querist) 10 May 2020
i wanted to write ACQUITTAL but forget the right spelling
Guest (Expert) 10 May 2020
Acceptance is Good. Appreciated
Guest (Expert) 10 May 2020
Discuss with a Local Good Criminal Side Senior Advocate in detail disclosing all the facts and he would take care and for him it would be a simple issue.
Rajendra K Goyal (Expert) 10 May 2020
You said:
1.can a final report or closure report or any other report may be done to be acquittal. don't know what is in our favor.

Challan can be submitted by the police. No hope of acquittal at this stage. It seems case would proceed and you should prepare defense with the help of your lawyer.0.

You said:
2. can we pray complainant to fabricate his statement in our favor when io will record this in 161 crpc may be .

No comment, not legal to recommend.
Rajendra K Goyal (Expert) 10 May 2020
You said:
3.what should we try to that leads accused acquittal. i am student .i dont know I pray our counsel he don't want to see us & don't want to hear us . this does not sounds good.
Preparing defense with the help of some expert lawyer / effective cross of the prosecution witnesses may help.

You can search proceedings of the case in court online.
Raj Kumar Makkad (Expert) 10 May 2020
आप यहाँ जितना जोर लगा रहे हैं किश्तों मे अपनी समस्या रखने में, उसका 10% भी शिकायतकर्ता को मनाने में लगा लेते तो अब तक आपके चाचा जी का कल्याण हो गया होता। अगर आप शिकायतकर्ता को समझौते के लिए मना लेते हैं तो पुलिस स्वयं ही रास्ता निकाल कर बताया देगी। मुकद्दमे से बारी होना और मुकद्दमा पहले ही समाप्त कर दिया जाना, दो अलग-अलग बातें हैं और आप दोनों में विभेद समझ नहीं पा रहे हैं।
Raj Kumar Makkad (Expert) 10 May 2020
यदि पुलिस चालान न्यायालय मे प्रस्तुत कर देती हैं तो फिर पुलिस कि भूमिका समाप्त हो जाएगी और फिर चार्ज लग जाने पर तो केवल शिकायतकर्ता अपने बयानों को यथायोग्य बदलकर ही आपकी मदद कर पाएगा या फिर उच्च न्यायालय मे प्रथम सूचना रिपोर्ट को शिकायतकर्ता के सहयोग से कैंसिल कराना होगा।
sonia sharma (Querist) 10 May 2020
बहुत बहुत धन्यवाद् राजकुमार जी आपके रिप्लाई करने के लिए
लोक डाउन की वजह से शिकायतकर्ता से मिल नहीं पा रहे हैं
हमें 17 मई का इंतजार है (लोक डाउन खुलने का )
Raj Kumar Makkad (Expert) 10 May 2020
हमें प्रसन्नता होगी यदि आप मनचाहा प्राप्त कर लेंगे। लोकड़ाऊन खुलने की प्रतीक्षा तो करनी ही पड़ेगी। आप दूरभाष का उपयोग तो कर ही सकते हैं इस मध्य।
sonia sharma (Querist) 10 May 2020
धन्यवाद् राजकुमार जी
Raj Kumar Makkad (Expert) 10 May 2020
आपका अभिनंदन सोनू जी। जब भी आवश्यकता अनुभव हो, यहाँ अवश्य पधारिएगा।
sonia sharma (Querist) 10 May 2020
आपको सादर नमन है राजकुमार जी
T. Kalaiselvan, Advocate (Expert) 10 May 2020
1. There cannot be an acquittal even before a FIR is registered.
How do you say that the police will file charge sheet on 21st May.
When the police is holding to take any action awaiting the complainant to withdraw the complaint, you may talk to the complainant and convince him to with draw the complaint.
T. Kalaiselvan, Advocate (Expert) 10 May 2020
2. Instead of the complainant being requested to fabricate the complaint or record false information in the 161 cr.p.c. statement, you may better ask him to withdraw the complaint itself.
However if withdrawal of complaint is not possible then the complainant may be requested to turn hostile during the trial proceedings, which will help you get acquitted from the case.
T. Kalaiselvan, Advocate (Expert) 10 May 2020
3. This is too early stage for your counsel to react to your suggestions.
The steps to be taken by you has been suggested.
You can request the defacto complainant to either withdraw his complaint or to turn hostile during the trial proceedings to enable court to acquit the accused.
If you are not confident about your counsel or if you feel that he may not cooperate with you then you can very well change the lawyer immediately.
sonia sharma (Querist) 11 May 2020
धन्यवाद् टी कलैसेलवान जी आपके रिप्लाई के लिए

P. Venu (Expert) 11 May 2020
I am afraid the suggestion to convince or cajole the complainant to turn hostile amounts to desecrating the witness box and corrupting the Judicial Process and undermining the Rule of Law. May be such things are happening in Courts. But integrity of this public platform is compromised if the experts suggest the querists to experiment with falsehood. "Satyameava Jayate" could alone be our motto, at least in this platform.

Admittedly, the facts posted admit wrongdoing. The only option for him for getting acquitted is to compromise with the de-facto complainant and request him to compound the offence, if a compoundable charge or else, to approach the High Court under the provisions of Section 482 CrPC.
T. Kalaiselvan, Advocate (Expert) 11 May 2020
You are welcome for your appreciations, Sonu.
Rajendra K Goyal (Expert) 13 May 2020
You said:
may be accused forget or confuse where to pay bill. or something else was happened.


Whether the person crossed the payment counter or came out of the store, and asked someone where bill need to pay, or something otherwise happened? Whether he met the staff and staff blamed that it was deliberate theft and called the police? Whether such thing similar can be proved beyond doubt during proceedings.
If the case is tried in court, your version of ignorance can be a defense provided you are fully able to prove through witnesses that the mistake was due to confusion. You can prove above person did not knew the procedure.
Raj Kumar Makkad (Expert) 13 May 2020
प्रश्नकर्ता का हमेशा अभिनंदन।
sonia sharma (Querist) 14 May 2020
Thank you Rajendra K Goyal ji for your reply
Rajendra K Goyal (Expert) 14 May 2020
You are welcome, may revert in case of any further legal query.
P. Venu (Expert) 14 May 2020
Mr, Goyal:
The defense, as you have suggested, would amount to admission of guilt by the accused inviting conviction and punishment! Please note the author is seeking ways and means by which the accused could be discharged/acquitted, not punished.
Raj Kumar Makkad (Expert) 14 May 2020
@ P. Venu! Mr. goyal has only asked certain questions, though, almost all of them have already been replied, hence it cannot be concluded that the advice of Mr. Goyal leads to admission of the guilt and is sufficient to conviction instead of acquittal sought by the author.
Rajendra K Goyal (Expert) 15 May 2020
Thanks expert Raj Kumar Makkad ji, for above clarification on my advice.
Raj Kumar Makkad (Expert) 15 May 2020
You are always welcome Mr. Goyal.

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