Quashing proceeding
SARIFUL HOQUE
(Querist) 05 August 2013
This query is : Resolved
R/Sir,
I have been entrapped a criminal case U/S-302 when & the murder was occurred at my near village of my permanent residence & at that day I was at my office residence nearly 40km far away from the place of incidence.After a week when I was returning to my P/residence Police detained from the way to police station & asked me I was a accused of the case no-70/11 at bazarichorra P.S. under the Dist. of Karimganj ,Assam. I challenged about my innocence but police said if other co-accused would surrender than they will release me. That sir, as I have no relation /knowledge about the incidence nobody surrender and on the next day I was sent to judicial custoday. Than I prayed bail pettion before the Guwahati High Court and court granted my bail .
that sir, after getting real facts of the incidents the informant with other 4 nos of wittness of the case they submitted an application before the Chief Judicial Magistrate, Karimganj that wrongly my name was involved in the case & prayed to discharge me from the liability of the case.
That sir, I took a certified copy of the petition from the court and submitted an application to the police to discharge me from the liability of the case but in the charge sheet of police my name is involved.
kindly suggest me can I proceed to the High Court for Quashing Proceeding.
N.K.Assumi
(Expert) 06 August 2013
No, the case is still under police investigation, so let the police perform its duty.No Court or authority can direct the police how to investigate a case and in what manner charge sheet should be submitted and whose name should figure in the FIR and Charge Sheet etc. Let the police bring out those facts, and if they found your innocence in the case the police themselves will discharge you from the case or even by the trial Court at the time of framing the charge. At this stage, it is premature to rush to the High Court to quash the case against you.
Rajendra K Goyal
(Expert) 06 August 2013
Agree with the expert. Better let the police investigation be complete, defend your case with the help of a good local criminal lawyer. It is too early to rush for the quashing proceedings.
