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Raja Ram (Self)     26 November 2013

420 quashed

Dear All Experts,

A elder Dostana (P1) of mine had filed a case(FIR) registered under Section 420 468, of which two accused (A1,A2) were involved.


1) A2 approached lower court(LC) and got Antcipatary bail.
2) A2 Filed a quash petition on High Court.
3) A2 Counsel filed some material (Some Documents and ONE Forged Letter) as evidence in HC.
4) High Court quashed the petition on A2 as one reason basis on the above ONE Forged Letter, which is A1's signature.
5) Case was not investigated by Police after FIR registration and it's almost more than an year.
6) A2 could have coerced A1 or what else reason, A1 not wanted to contend the signature forgery.


What are the legal options available to P1 to bring the accused A1 back in loop.
Point to be noted...
A) A1 counsel on  behalf of his client submitted a forged document as evidence knowingly or              unknowningly in HC.
B) After the case had been quashed, this forgery came to light. ( March 2013 Case quashed)
C) P1 got to know about the one forged letter after verifying the documents recently.(November 2013),
    which P1 counsel did not show the documents filed by A2 counsel to P1 until November ( 8 months)
D) P1 requested his counsel to file a writ to authenticate the one forged letter.
E) P1 Counsel told several stories and suggested to file another Case instead of writ.

Please suggest some legal opinions and options on how to approach in HC/LC and bring back            accused A2(Highly  Influencial)
What are the procedures in law to authenticate the genuiness of the material filed in HC                                       by A2 counsel (Point 3 above)

As it appears on record, P1's counsel did not contest on this material in HC and now giving evasive answers.

Regards,

Raghu R R



Learning

 2 Replies

Raja Ram (Self)     26 November 2013

Dear All Experts,

A elder Dostana (P1) of mine had filed a case(FIR) registered under Section 420 468, of which two accused (A1,A2) were involved.


1) A2 approached lower court(LC) and got Antcipatary bail.
2) A2 Filed a quash petition on High Court.
3) A2 Counsel filed some material (Some Documents and ONE Forged Letter) as evidence in HC.
4) High Court quashed the petition on A2 as one reason basis on the above ONE Forged Letter, which is A1's signature.
5) Case was not investigated by Police after FIR registration and it's almost more than an year.
6) A2 could have coerced A1 or what else reason, A1 not wanted to contend the signature forgery.


What are the legal options available to P1 to bring the accused A1 back in loop.
Point to be noted...
A) A2 [[Correction A2 instead of A1]] counsel on  behalf of his client submitted a forged document as                                                                                      evidence knowingly or  unknowningly in HC.
B) After the case had been quashed, this forgery came to light. ( March 2013 Case quashed)
C) P1 got to know about the one forged letter after verifying the documents recently.(November 2013),
    which P1 counsel did not show the documents filed by A2 counsel to P1 until November ( 8 months)
D) P1 requested his counsel to file a writ to authenticate the one forged letter.
E) P1 Counsel told several stories and suggested to file another Case instead of writ.

Please suggest some legal opinions and options on how to approach in HC/LC and bring back            accused A2(Highly  Influencial)
What are the procedures in law to authenticate the genuiness of the material filed in HC                                       by A2 counsel (Point 3 above)

As it appears on record, P1's counsel did not contest on this material in HC and now giving evasive answers.

Regards,

Raghu R R

Raja Ram (Self)     14 December 2013

Any suggestion from the legal experts here in this situation.


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