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Deepthisudan (housewife)     01 January 2016

Quashing of ab

Dear Experts,

NEW YEAR GREETINGS.

This is in continution to the subject under 'Further Investigaton' topic posted by me earlier. In that Criminal case u/s.120(b),406,417,420,468,469. in which the Complainant is a 'defacto complainant' due to defective charge sheet  filed by the Police. As suggested by the Experts of LCI, the Complainant has filed a Protest Petition for further investigation. The  Magistrate has ordered  for summon to the Police to present for the next hearing with case file & also to the accused. Next hearing is on 8th Jan.The accused is on AB.

In next hearing is it possible to file a petition for quashing the AB? As the Complainant feels that the accused with his money power gets favour from police which is evident from following facts:

1.In the Private Complaint,Court given direction to Police (for Investigation & Report) in Dec.2013.

2. FIR filed in Feb. 2014.

3. Accused got AB in June 2014.

4. Charge Sheet (Defective) filed in Sept.2014.

5. Before filing the Private Complaint in JM Court, the Complainant filed a Police Complaint  in Aug.2013 for which the Police have not taken any action but closed the file. (Complainant came to know very recently through RTI).

In view of the above, to prevent any further damage by the accused, can AB aquashing petition be filed by the Complainant during next hearing?

Thanks in advance.

Deepthisudan.

 

 



Learning

 7 Replies

adv.raghavan (Advocate,9444674980)     01 January 2016

Not a valid ground for cancelling AB. In the absence of any violation in  bail conditions it  will be futile exercise.

1 Like

Dr J C Vashista (Advocate)     01 January 2016

You (or your lawyer) should have opposed grant of AB; once granted it is very very difficult (rather impossible) to cancel it. It would be a futile exercise to move to the court for cancellation of AB.

It would be more appropriate to concentrate and proceed in the main complaint. If the police did not include all ingredients of complaint and diluted the charge sheet, you can move a protest petition before JMIC/ Trial Court.

Even at the time of deposition, the complainant can file an application u/s 319 Cr PC where JMIC/Trial Court shall consider and summon the person..

Deepthisudan (housewife)     01 January 2016

Dear Dr.Vashista,

Thank you very much for your reply. In fact the accused obtained AB without the knowledge of our Lawyer & our Lawyer came to know it only on the next day. The Charge Sheet confirms commissioning of crime by the accused  as per section indcated but no documentary evidences were attached to the CS. As you Members advised, a Protest Petition was filed on the last hearing day & the JM ordered to issue summon to Police to produce their case file & also to accused to present on the next hearing date. As advised by you, I'll concentrate in the main complaint.

Regards,

Deepthisudan

 

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     02 January 2016

nothing left to add, agreed with Mr. Vashista

T. Kalaiselvan, Advocate (Advocate)     07 January 2016

As rightly opined by expert advocates above, cancellation of bail may not be entertained by the high court if there is no reason to believe that the accused violated the conditions of bail imposed during grant of bail.  However you still have a ray of hope in the evidences obtained through RTI act as well as the evidences to prove his influence with police in the form of date of complaint, date of AB etc., try.

Deepthisudan (housewife)     07 January 2016

Originally posted by : T. Kalaiselvan, Advocate
As rightly opined by expert advocates above, cancellation of bail may not be entertained by the high court if there is no reason to believe that the accused violated the conditions of bail imposed during grant of bail.  However you still have a ray of hope in the evidences obtained through RTI act as well as the evidences to prove his influence with police in the form of date of complaint, date of AB etc., try.

Dear Mr. Kalaiselvan,

Thank you very much for your reply. Against the complainant's Protest Petton, Court sent a summon to the accused also to appear the court in 1st week of Jan. Accordingly, the accused has present the court & Court furnshed him the Protest Petiton copy & ordered him to submit his counter to the Protest Petiton durng next hearing in Feb. Complainant planing during next hearing to highlight the accused's influnce with Police, with RTI documents & the events mentioned in my query to take a chance.

Regards,

Deepthisudan

Deepthisudan (housewife)     07 January 2016

Originally posted by : T. Kalaiselvan, Advocate
As rightly opined by expert advocates above, cancellation of bail may not be entertained by the high court if there is no reason to believe that the accused violated the conditions of bail imposed during grant of bail.  However you still have a ray of hope in the evidences obtained through RTI act as well as the evidences to prove his influence with police in the form of date of complaint, date of AB etc., try.

Dear Mr. Kalaiselvan,

Thank you very much for your reply. Against the complainant's Protest Petton, Court sent a summon to the accused also to appear the court in 1st week of Jan. Accordingly, the accused has present the court & Court furnshed him the Protest Petiton copy & ordered him to submit his counter to the Protest Petiton durng next hearing in Feb. Complainant planing during next hearing to highlight the accused's influnce with Police, with RTI documents & the events mentioned in my query to take a chance.

Regards,

Deepthisudan


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