Vigilance and Anti corruption case
Querist :
Anonymous
(Querist) 02 May 2010
This query is : Resolved
Hi,
I am a government employee working in farmer loan department in chennai, tamilnadu.
I got arrested at feb 2002, for accepting bribe from a farmer for accepting bribe of Rs.1000, for
sanctioning his farm loan of Rs.2 lakhs. Case registered for accepting illegal gratification.
subsequently, a search was done in my house and another case is filed for Possession of wealth
disproportionate to known sources of income.
so two cases registered. second case is filed an FIR at 2004, and no action taken as of now.
For first case, it's tried in trial court, but 4 years of jail and Rs.4000 was fined.
Appealed at high court and waiting.
Now my problem is
1) the first case high court appeal is pending..NOw can i go to Writ petition to quash FIR under
following points.
a) the permission is obtained from state secratary, but my appointment is given by the
government, so not proper permission taken in the first place.
b) the bribe is given the next day, the loan was sanctioned.
C) the loan will be sanctioned by 5 member commitee, not by the accused alone.
c) the governemnt witness has given contradicting statements at the lower court.
But all these points are not taken by lower court and punishment is given.
2) For this case, should I wait for the appeal hearing from high court, but I guess that will
take 3 to 4 years..can i go for writ petition for quashing FIR..is it possible, after the
punishment given by lower court.
3) if the writ for FIR quashing is rejected..will it be a negative point at high court appeal
hearing...
4) for second case...unreasonable delay is done from vigilance department to file the FIR,
chargesheet etc... can i go for writ petetion to quesh this FIR?
5) also for second case,
a) the assets in my wife's name is also included as my assets, stating that i'm benami.
b) a unregistered sale deed is taken into account.
c) the PF withdrawn, stating medical expense. but actually used for savings. This amount
should not be contributed to the expense. rather it's invested in assets.
is all the above points enough to quash the FIR...
So to summarize. i have two cases against me (first case - accepting illegal gratification,
second case - Possession of wealth disproportionate to known sources of income).
first case - lower court trial - punished for 4 yrs. appeal pending in high court.
second case - FIR lodged at 2004. no action taken as of now.
can i go for writ - FIR quashing for both the cases. what r my chances to win?
Am i missing any point here...please ask me..if u need any more info..
Thanks in advance.
Uma parameswaran
(Expert) 04 May 2010
Quash petition under 482 of CrPC could not file for your appeal case which is pending before High Court.
For Second case (Disproportionate wealth) You can try.
