Chargesheet-420IPC
Querist :
Anonymous
(Querist) 07 February 2011
This query is : Resolved
Sir,
FIR's u/s.420IPC were filed in march 2010 and may 2010 though offence occured on the same date with an intention to cause harassment. Till date charge sheet has not been filed. It is known that the Police office has been influenced with money by some local people to cause harassment to an accused by not filing charge sheet and who is no way related to the case. Kindly advise if a writ can be filed to have FIR's quashed.
Regards
Uma parameswaran
(Expert) 07 February 2011
No Writ Petition. You can file under section 482 of CrPC before High Court to quash the FIR .
Advocate. Arunagiri
(Expert) 07 February 2011
You can not quash the FIR for the delay in filing the final report.
SANJAY GUPTA
(Expert) 07 February 2011
yes you can file quashing of FIR before the High Court.
Querist :
Anonymous
(Querist) 08 February 2011
Thank you all so much for your precious opinion
Regards
Querist :
Anonymous
(Querist) 08 February 2011
Dear Arunagiri sir,
The complaints were lodged u/s.420IPC and it not just the delay in filing chargesheet. There are a set of other grounds, too
1) The complaints were lodged on different dates intentionally to cause harassment of AB & Regular bail, with a gap of 3 months and six months though the alleged offences occured on the same day and were even detected by the aggrieved on a single day which is evident from documents.
2)THE AMOUNT RECEIVED IN ALL CASES HAVE BEEN REPAID LONG BEFORE LODGING COMPLAINTS leaving no offence as per the judicial Dicta of Apex court.so, it will be a futile effort to let the investigation continue burdening the criminal courts which are already over burdened.
3)Statements of A1 and A2 recorded clearly state non-involvement of A3. A3 applied for certified copies of the above said statements and the complainant replied that THE ABOVE REQUEST CANNOT BE FULFILLED AS THE JUDICIAL POLICE INVESTIGATION IS GOING ON AND THE ORIGINAL STATEMENTS NEED TO BE SUBMITTED BEFORE THE COURT OR POLICE WHEN CALLED FOR, but what was applied for were the certified copies with due legal fees and not the ORIGINAL STATEMENTS.
4)Accusation against A3 is" HAS KNOWINGLY ALLOWED HIS SON TO USE HIS NAME AND OFFICE" which prima facie is with ulterior motive without any sense to that effect that his son does something and father is accused.It's something like- someone in the family commits a mistake and any of his family members can be accused of!
5)A3 is aged 76 years with a clean background holding many respectable social posts for decades without a single financial blemish.
6)In one case the person who had received who had received money after having them repaid, died and these son and father are directly made A1 and A2.
7)The Ist FIR was in march 2010, second in may 2010 and the next in dec 2010 and till date charge sheet hasn't been filed in a single case.
8)It is the complainant who is also involved and is trying to shift his responsibilities on the innocents and that he cannot face the trial if the charge is framed as truth will be revealed in the trial.
Kindly observe the above facts and advise
Regards
Querist :
Anonymous
(Querist) 09 February 2011
Dear Sarvesh Sir,
Kindly observe my proposed grounds for quashing and give your valuable opinion..It's urgent
Regards
Advocate. Arunagiri
(Expert) 09 February 2011
If you want me to give a exact opinion, send me the FIR copies.
Sarvesh Kumar Sharma Advocate
(Expert) 07 February 2011
