criminal case stayed by high court


Our Colony Association President/General Secretary/Treasurer have drawn money through bearer cheques amounting to about Rs. 4 lakhs on the name of a contractor for laying of water pipeline. On reply received under RTI Act from Water Works Dept. it is clarified that the said water pipeline work is done by them. We got sufficient proof to that effect. As the police did not respond we have approached criminal court and a case was registered by police on direction from court. The police under pressure have closed the case as civil nature. After obtaining a closure report we have filed a protest petetion, after examination of witnesses and the material obtained under RTI, the court has admitted the case and issued summons to the accused. The accused appeared on the day of posting of case and a vakalat was submitted on their behalf the case was adjourned to next date. By the next hearing date they have approached High Court and got stay with notice to us. On the date of hearing the judge was about admit their quash petetion in fact dictated as admitted, at this jucture our advocate has raised objection. The only reason was why the contractor was not made an accused when the cheques were issued in the name of contractor. The cheques were not crossed, they were uncrossed bearer cheques. On a stiff resistance from our advocate the judge finally stayed the matter as folows:

20.11.2009

"Heard.

The allegation against the petetioners is of misappropriating the funds on the pretex of laying water pipelines.

According to the de fact complainants, the amount alleged to have been misappropriated was drawn through the cheques on the name of the contractor, but the contractor is not made an accused.

It is not clear as to why the contractor was not made as an accosed, though it is averred in the complaint that the de facto complainants reserve their right to array the persons involved at the appropriate stage, the main culprit would be the contractor, as the cheques were issued in the name of the contractor.

In the circumstances, it is directed that all further proceedings shall stand stayed"

1.Now what would be the status of the case? 

2. When it is likely to come for hearing?

3. Can the culprits escape by the above view of the Court? 

4. As complainants have we got any role to play at this juncture?

5.As we did not have address of the contractor, we have now obtained the same through RTI Act. Can we make him accused now as the Court felt ?

 
Reply   
 
ADVOCATE & DIRECTOR

 

DEAR SIR,

1.Now what would be the status of the case? 

A) YOU HAVE TO FILE THE STAY VACATE PETITION IN H.C.


2. When it is likely to come for hearing?


A) YOU HAVE TO GIVE A LETTER ALONG WITH PETITION TO REGISTRY TO LIST IN EARLY DT,OR MENTION AT H.C ON BENCH AT 12NOON.

3. Can the culprits escape by the above view of the Court? 

A) THEY CAN DELAY THINGS, BUT IF THEY DID MISCHIEF/FRAUD OR TAKEN MONEY ILLEGALLY/ARBITRARY WITH MALAFIDE INTENSION , THEY CANNOT.

4. As complainants have we got any role to play at this juncture?

A) THE COMPLAINANTS  HAVE TO FOLLOW THE CASE THROUGH THEIR ADVOCATES ONLY. 

5.As we did not have address of the contractor, we have now obtained the same through RTI Act. Can we make him accused now as the Court felt ?


A) YES, AS PER H.C ORDER YOU CAN MAKE HIM AS PARTY EVEN IN H.C 482/ EVEN TRAIL COURT TOO.


if you want any more call me on 09985133699/ mail ponaka2008@gmail.com


 
Reply   
 


POWER OF DEFENSE IS IMMENSE

Dear sir we are for the accused, why they have not made the contractor as party.

It seems prejudice against the office bearers.

They may have no of excused for what money was spent, RTI querry will have no relevance.

 
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Thank you sirs for your valuable rreplies.

 
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