Kumar (Self) 08 October 2012

Private complaint - sc st case

Sir,

I need some suggestion's regarding case (Private Complaint U\S IPC 420 , Section 3(1) SC ST Act) registered on us by the person who acted as real estate agent(Who belongs to SC ST community died and his wife was a Muslim , She issued the notice from court).

He filed a private complaint in the court U\S IPC 420 , Section 3(1) SC ST Act (He mentioned in the complaint that we abused him with his caste name and threatened him for his life) and court directed Dy.S.P office to made an enquiry. We went to Dy.S.P office 3 times and answered to all the questions(Police didn't arrested us anytime). After investigation Police came to an conclusion that this case was false case and reffered same to court by submitting details through F.I.R.

Mean while in 2012 september we received a summons in registered post from court mentioning that Agent wife filed a complaint aginst us U\S IPC 420 , Section 3(1) SC ST Act and court asked us\ our lawyer to come and answer.

Need your advise

If we have to apply for Quash in high court how much time will it take to get Quashed approximately.
If Investigating agency closed the issue mentioning the complaint as false do still court ask us to come and appear to answer ?

Reply Follow

4 Replies

Raja (XYZ) 08 October 2012

1. it depends upon your advocate. normally 3/4 months.

2. yes.

Raja (XYZ) 08 October 2012

1. it depends upon your advocate. normally 3/4 months.

2. yes.

1 Like

Kumar (Self) 22 October 2012

Thank you Sir. To brief the case you in detail i am giving you the below details.

A private criminal case U\S IPC 420 and SC ST atrocity Act 3(10) was filed on our family in 2008 January and it came to trial to sessions court in 2012 Nov. Deputy S.P submitted to court that it's a false case and can be disposed.

A civil suit is filed by his wife in 2008 April for a land sale agreement which is in civil court

caste of Complaint's: Husband (SC ST community) and his Wife belongs to Muslim community (Confirmed by M.R.O to the police and police report mentioned in there disposal report to court)

Dy.S.P (Deputy Superidentent of Police) submitted the report mentioning the SC ST atrocity case as false and referred Disposal of the case to Court under form no 96 in 2008 April

If 1 of the complaint (Husband who belongs to SC ST community ) was dead 1 year ago and case came to trial in sessions court now. Do we have any law that the case can be disposed based on the actual complaint was dead

Before hiring a lawyer to go to High Court and file a quash petition and want to now possibilities to qash the case ASAP. Since our family is well educated and we are very much embarassed with these cases when our carrers are at the peak stage.

Please suggets some legal points which will help us to have psycological preparedness.

Thanks,

Kumar

Kumar (Self) 23 October 2012

Thank you Sir. To brief the case you in detail i am giving you the below details.

A private criminal case U\S IPC 420 and SC ST atrocity Act 3(10) was filed on our family in 2008 January and it came to trial to sessions court in 2012 Nov. Deputy S.P submitted to court that it's a false case and can be disposed.

A civil suit is filed by his wife in 2008 April for a land sale agreement which is in civil court

caste of Complaint's: Husband (SC ST community) and his Wife belongs to Muslim community (Confirmed by M.R.O to the police and police report mentioned in there disposal report to court)

Dy.S.P (Deputy Superidentent of Police) submitted the report mentioning the SC ST atrocity case as false and referred Disposal of the case to Court under form no 96 in 2008 April

If 1 of the complaint (Husband who belongs to SC ST community ) was dead 1 year ago and case came to trial in sessions court now. Do we have any law that the case can be disposed based on the actual complaint was dead

Please suggets some legal points which will help us to have psycological preparedness.

Thanks,

Kumar