quashing of conviction or fir by high court
Dilip Kumar Bhardwaj
(Querist) 04 June 2016
This query is : Resolved
Sir, i was working as food inspector . An fir was registered but in the fir and in complaints the name of accused was not me. This is a trap case. When the trap party came to my district office (i am posted in block office) and they asked about the person named in complaints. They came to know that there is no such employees in our department. And the complainants realized that the person whom he met was a false one because there was no employee by that name. He told about all these things to the trap party. Now the trap party asked about my residence and forced the complainant to give the tainted money to me in my residence.
After charge sheet was filled, during trial the complainant denied to identity me. He said in his statement that the person whom he met was another one not the accused. He met him in district office not in block Office. He also said that he did not know that the accused was working as food inspector. In his complaints and in charge sheet what the pending work was shown, is also not done by me but by the complainant himself. Despite all these things the trial court has convicted me.
I have not mentioned the case in details. on the basis of the statement of the complainant and fir it clearly established that the person named was not me.
Sir, what should i do? Can i file an appeal under section 482 in high court.
Devajyoti Barman
(Expert) 05 June 2016
The judgment and order of conviction is surely perverse and unsustainable under law.
Go for appeal in high court.
Dilip Kumar Bhardwaj
(Querist) 06 June 2016
There was no acceptance of money, no eye or shadow witness. The complainant in his statement has said that he forcibly enthusted the money.
Dilip Kumar Bhardwaj
(Querist) 06 June 2016
Barman Sir, can i appealappeal u/s 482 for quashing fir or conviction. Please guide...
Rajendra K Goyal
(Expert) 08 June 2016
Proceed to file appeal, quashing not possible.
