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hisifybird (retd)     01 September 2008

Limitation in Criminal Cases

I lost money, career, health and peace due to an illegal act of my Branch Manager in my place of work a PSU. On my complaint, they formed a committee, but they dragged for a long time and finally didn't implement it, because it was in my favor.  Unable to tolerate harassment, I took vrs. I think they have destroyed it. So I got it from POlice under RTI. Then I made a PCR against R1, R2 by names, and R3, R4 by designations. Hon. Magistrate ordered summons in jan/2007 to R1 only, stating that petitoner hasn't provided sufficient grounds against others.  Then the corrupt, rich and powerful brought a stay from Hon HC, dragged it and died in 4/2008. Now I am back to square one. Our lawyer neither challenged nor filed a caveat earlier.

Unanswered question: Whole case revolves around only on one document i.e., Office Inquiry Report. Witnesses neither exist nor are necessary. If the office Inquiry Report can provide grounds to summon R1, doesn’t the act of suppression and destruction of the same report prove complicity, involvement and common intention of other respondents? Letters clearly prove their awareness of criminal act, though pages are just filled. If it can happen in a PSU, imagine others.

I would like to know, whether there is any limitation period to challenge Magistrate's orders? then how much period? Should I go to sessions or HC? Kindly reply.



 6 Replies

Rajan Salvi (Lawyer)     01 September 2008

I am moved by your plight. However your facts are vague. Hence we are not in a position to satisfy your query. I suggest to all persons asking legal help , if they are serious, to post thier queries in detail,

Firstly a synopsis of the events , date wise and then post the question in clarity.

Rajan Salvi (Lawyer)     03 September 2008

I have read your private message and also the link providing synopsis of the case. I advise you that you file a Writ Petition in the High Court u/Article 226 & 227 making your PSU , Regional Manager, Branch Manager and State of .................. the parties. In the prayer seek appropriate Writ Order or direction calling upon the parties to do thier duties and to settle the account. I am sure of your success. The fighting spirit is of your being an ex-serviceman. I know It is difficult to digest injustice for an ex-serviceman. After giving the best years for the country, if persons are treated in this way no doubt you will become cynical and say " SALA , YE AUR AISE LOGOKE LIYE MAINNE MERE JINDAGI KE BEHETARIN SAL DE DIA" they are not worth protecting. Success is yours. I suggest you to fight your own case as a party in person. You will win. Do not forget to state your case totally in the petition, but to the point.

         An ex-serviceman friend of mine Mr Nalluri  completed his AMIE while in service and when he tried to take admission to LLB threee years course ,he was denied admission on the ground that he is not a gradutate. We filed Writ Petition in the HIgh Court of Judicature at Bombay making University of Bombay, Bar Council of Maharashtra and Goa, Bar Council of India parties. I drafted the Writ Pettion , he argued himself before the Chief Justice , and you will be glad to know that we won. From that day onwards Bar Council and the University started recognising AMIE equivalent to graduation for the purpose of admission to LLB.. Mr Nalluri graduated and is now a Director of his own Surveyors and Loss Assessors Company . The reason this episode is told is because honesty pays, do not take things lying doun and believe in the almighty. If you have not done wrong you will get justice.  REGARDS.  

hisifybird (retd)     03 September 2008

Thanks for your reply. I just also want to know whether there is any section regarding limitation for a criminal case. Because, in its absence, it may be said that there is no limitation. Though my lawyer is saying there is limitation, he is not aware of the section no. Thanks again.

lawyers friend (na)     03 September 2008

i think 7 yers.

Rajan Salvi (Lawyer)     04 September 2008

Read sections 467 to 473 of Criminal Procedure Code. For Writ petition no period is prescribed . However there should not be an inordinate long delay. I still feel you should file WP for implementation of the inquiry report and getting back your dues.

hisifybird (retd)     27 September 2008

I Want a reliable lawyer in Bangalore, who is accessible on phone and email for taking up my case. Only work is to make an application for condoning the delay and asking for summoning the other accused in this case. Because the summoned accused died before conviction. 5 year Legal Course studied and young lawyers willing to take up challenging tasks preferred.

"It is very advantageous to be corrupt in India. Our conviction rate in criminal courts is hardly six per cent. Therefore, corruption is a low-risk and high-profit business." - Former central vigilance commissioner N Vittal.


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