Raj.K (Manager) 12 July 2012

quo warranto

Hi..

A false criminal case FIR filed on false private complaint (cognizant my magistrate on crpc 200) is filed as chargesheet by IO without any meanigul/no investigation instead of Final report. Ofcourse you all know the corruption in system!

> Magistrate has no jurisdiction in first place to entertain such complaint,

>IO did not do any/meaniful investigation to record facts and evidences and maliciously put to chargesheet for not meeting her demands!

> Same magistrate initiates trial who asked for investigation on private complaint.

1) Now does IO or Magistrate or both commit crime under IPC 220?

2) If yes, what is the procedure to prosecute them? can the case on trail be put on stay until IPC 220 is decided?

3) If no, why not? and then under what crime they can be prosecuted?

4) How does accused bring the complainant for prosecution under IPC 182/211 which the IO was supposed to take action if she had done real investigation and recorded real facts/evidences.

5) Can HC entertain Writ of certiorari/quo warranto in this case? what action can be taken against IO and Magistrate if this writ is admitted and real facts show contrary to chargesheet on trial? How long this procedure can take place when material evidences are available?

Thanks

Raj

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4 Replies

Raj.K (Manager) 17 July 2012

Hi,

Can some experts through some light on IPC 220 procedure please?

a. who are applicable on this section? are there any precedents of successful or failure trials using this section?

b. Is this a section only for theoritical definition and not for practical use in India? i was told by my lawyer that no lawyer whose bread and butter comes from working in a collaborative environment of present India can use this section:)...is this true.

Thanks

Raj

geanna bell (none) 14 August 2012

A petition for a writ of certiorari is a request that the Court review a case on appeal, an action initiated when the Supreme Court issues a writ of certiorari, or order to the lower court instructing them to send the case files to the Supreme Court. If the terms “Writ of Certiorari” and “de facto claim” make about as much sense to you as wearing socks with sandals, there’s a good chance you’re a new participant in the legal system. If you feel a bit overwhelmed by the complexities and jargon of the courts, never fear! The following common legal concepts have been broken down into plain English, so you’ll never have to grab for your dictionary again.

Raj.K (Manager) 16 August 2012

Hi Geanna and Ashish,

Thank you for some response only to question my understanding on depth of what is legal definitions. I am not legal consultants like you but only a victim of the corruption in the legal system miused by the so call public 'servants' who enjoy trying to become 'masters' of the public (who don't have so indepth knowlegde of jargon that runs in the courts) behind the immunity and judicial independence for their so call acts of "bona fide intent"!

If someone says all public servants do their jobs with bona fide intent like Gods then my simple question 'asking for solution on how to take on corrupt officials legally' would still go unanswered. And when no qualified legal consultants would be ready to take on the corrupt officials shielded by immunity, only 'legal' option left to common man is to start learning the legal jargon on their own and fight as party in person. Ofcourse there is 'other' simple option for common man and then he would not need to ask advice in lawyersclub.

Thanks,

Raj