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devendra tiwari   11 May 2017

Ipc 420/467/468/471

sir a departmental chargesheet is issued to me.i replied in written and my officer also signed below some line that was written in favour of me from her side.due to department pressure she refused to accept the signature and a fir is lodged against me under section 420/467/468/471...what should be my steps in this condition.and what may happen in these section utmost.


Learning

 6 Replies

Kapil Chandna (Lawyer at Supreme Court of India)     11 May 2017

Sir, 

 

Kindly share the copy of the FIR to look into the allegatios for any opinion in this regard. 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450,9911218741

https://kapilchandnaadvocate.wordpress.com/

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     11 May 2017

After the submission of the charge sheet by police, filing of an application or petition before the High Court under S. 482 of the Criminal Procedure Code (Cr.P.C.) for quashing of the charge sheet is generally not advisable. Instead of that, it is better to try for discharge under Section 227 or Section 239 of Cr.P.C. (as the case may be, depending upon whether the case is triable by the Sessions Court or by a Magistrate), if it is felt that prima facie evidence is not available for prosecution on the basis of the merits of the case. If the trial court does not discharge the accused, it may then be challenged before the High Court under Section 482 Cr.P.C. in appropriate cases wherever it is permissible.

Lawyer, Bonum Lex LLP (Law Firm)     11 May 2017

Respectfully agree with you Sir.

Kumar Doab (FIN)     11 May 2017

Your contention is that officer has written signed with her own hands.

The officer has declined her own written statement and signature (under dept’s pressure as per your post).

Due to which FIR has been lodged.

Show the case file to a very able counsel specialiazing in such/service maters.

Sudhir Kumar, Advocate (Advocate)     12 May 2017

vague.

 

what were the charges?

what was your explanation?

what was her endorseemnt?

why was her endorsement felt necessary by you?

how such endorsement was helping you?

what was motive for her to diswons signature?

whewther police taken her specimen signature?

whether police seized her existing signature from office record and leave applicatin etc?

has foresic report obtained by police on signature?

whether it is FIR only or a fresh depll proceeding is also launched?

 

Kumar Doab (FIN)     12 May 2017

Pls reply to points raised by Mr. Sudhir Kumar.

 


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