praveen (Electrical Engineer) 27 April 2021

Need suggestion

Experts,

I came to India from USA couple of months back, unfortunately my neighbor and my family fought for the parking space which is adjacent to my home, in this fight one lady in between came and supporting my neighbor and the lady who came in the middle she has filed a false case on me saying that i provoked her in front of neighbor in the police station and police filed FIR and no charge sheet as of now, she has included my father mother sister also in FIR.

Acts and Section : 323,509 r/w 34 IPC,

I got a Station Bail without any Condition.

now I have to go back to USA for doing JOB, i am very tensed regarding this case, no charge sheet as of now, not even one time we went to the court hearing.

please i need your valuable suggestion

1. Can I go to USA for continuing doing my work or else i need to take any permission from Court.

2. Or else do i need to approach for quashing the petition or any Stay order from higher court or any temporary stay

Thanking you in advance

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8 Replies

Sanjay Narayandas (Advocate) 27 April 2021

Hey,

The permanent solution would be to get the FIR quashed by approaching the High Court.

praveen (Electrical Engineer) 27 April 2021

Sanjay thank you for prompt reply.

Sir, Can we file a quash petition without Charge sheet.(i.e., only with FIR)

Sanjay Narayandas (Advocate) 27 April 2021

Yes.

But the onus is on you to show that the FIR was registered with malicious intent and that there is no prima facie case against you and no evidence.

Sankaranarayanan (Advocate) 27 April 2021

Yes Mr.Sanjay nariaiyandas advosed you very well. You approach a local lawyer and act at your earliest

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 28 April 2021

you can submit affidavit If the case is on investigation stage only and chargesheet is not submitted then the police can submit final report /closure report ,However if it refuses tondonso then mutual quashing is possible fron high court . 2) you can file for mutual quashing of FIR in the High Court.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager) 29 April 2021

What is the position of bail? Although it's noted as unconditional, is it upto certain period or no such period is mentioned? Did the police specifically inform you in writing not to leave the country? Did they confiscate your passport?

It's a petty case of neighbours squabbling and filing a case in the heat if the moment where (as per your query) nobody was bodily harmed no assets of great value damaged. As such Police may not show interest in charge sheeting as they need to concentrate on more serious and urgent cases.

Approach a good Lawyer and through him approach SHO concerned giving an affidavit that you would appear the court if and when charge sheet is made and you need to attend Court.