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Chandrashekhar V (GS)     06 August 2015

Govt advocate misleads high court in a case u/s 482

hi experts,

A timely advice/suggestion will help the respondent Who filed a Complaint. A lot and thanks in advance.

  1. FIR was filedby Police where there are three persons accused.
  2.  Accused No 2 gets an anticipatory bail.
  3. Accused No. 3 applies for Anticipatory bail and simultaneously files a CRL.P before high court u/s 482 praying for quash of FIR with an IA praying  stay for Investigation.
  4. Stay is granted. Accused No.3 withdraws his anticipatory bail application which was pending before lower court. While the stay for investigation continues, remaining proceedings continue in High court.
  5. After respondents filing objections, before court hears for arguement, While the saty gor investigation continued, Govt Advocate orally  informs the High court saying that "Final Report in the form of B Report is submitted to lower court by Police" to the shock of Co-Respondent.
  6. Hon'ble judge Disposes the Petition filed by Accused No. 2 and 3.

Person who had filed a complaint, a respondent in the above case, who was under impressionthat the stay for investigation is respected gets a shocking jolt when he hears that "B report is filed" and disposing order by hon'ble judge relying on the false and misleading submission by Govt advocate. While the respondent was considdering moving divisonal bench for "Contemt proceedings" another shock awaits him.

This time, when the file in the lower court is checked there is no hint or papers of "B Report"...

- Experts are requested to suggest ways break this impasse except knocking the doors of Supreme court. Neither his purse or his health admits such a position. He is 61 years old and a cardiac, kidney patient.

 


 



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