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Lawrence William (Service)     07 September 2016

Criminal case procedure pending

My query is related to a criminal case against Mr X in 2009, under IPC 406 & 420. The case was earlier filed by an ex employer to harrase his employee so that he cannot join other company. Now, the  matter is ....that the complainent ie the employer is not attending court since 2009. Because this is a falsly implicated criminal complain they do not have enough first hand proofs to support their FIR. Mr X is regularly attending court on the specified dates. My query is;

  1. How should Mr X get rid of the case?
  2. Can he approach HC for chargesheet quashing?
  3. Can he plead for desposing the case?
  4. How can he get relief from attending the courts on each date? Because the complainant never turns up in the court.Its mere time wastage since 2009.
  5. Can he ask the court or police under RTI to give proofs of the case?
  6. Mr X has also filed a defamation against the complainant because the complain was falsly implicated.Should he continue that? or hold on till the criminal case against him is over.?

Recently we have got to know that the case papers too are missing from the court. On each date we have been informed that we will search the papers & inform Mr X.

Please Advise.



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