My Relative an Executive Engineer was implicated in false/fabricated ACB Trap case on 8Aug'2025 under PCActs 1988 u/CrPC Sections, 7, 12, 13(1)(d), along/w 13(2.) Eventually, he was acquited on 1'Oct2024. In between, for release of some seized cash property during house search panchnama belonging me (NRI) was ordered by the Session Court, Thane to release the money with Bank Guaratee and Indemnity bonds which was complied with. However, IO refused to comply with Court Order and demanded favour. I filed a Contempt of Court against the IO in Aug'2018, and she immediately released funds when the matter was taken on board. So, I, in good faith, withdrew the Contempt-of-Court application in Sept'2018.
Later, the IO filed another FIR on DP charges on 3rd Aug'2019 on my relative, and made me co-accused along with 3 other family members. This action by ACB obviously looks a clear case of afterthought as revenge for Contempt-of-court matter as above. The 2nd FIR was filed using PCActs 1988 u/CrPC Sections 12, 13(1)(b) & 13(2.) where same CrPC Sections have been used TWICE against the same Accused for the same supposedly crime. The income details were already available with ACB in the 1st Chargesheet since Aug;2015 itself.
Q1. Can Law / Constituion permit the authorities like ACB to file another FIR, without being complaind by any other 3rd person, on the same person twice, that took more time (11yrs for open inquiry) to request for Chargesheet approval From Competent Authorities of my relative's offce. My relative has retired on May'2024.
Q2. The Income assessements by ACB are grossly mis-calculated and manupilated to inflate figure and included my money that has been already returned to me by ACB themselves.
Q3. Since my relative has been already Aquitted and retired from Govt. Services, can CA reject the request to proceed with filing C/sheets by ACB using their Office Administrative powers as deem fit necessary in this case.
Thank You!
