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Saurabh..V (Law Consultant)     29 June 2011

SC/ST Act Misuse | Delayed Trail..

AS EXPERTS ARE NOT RESPONDING SO POSTING HERE FOR OPINIONS

 

Dear Learned Members,



Confused how to go about the situation.



BREIF:

The complainant submitted a plaint on 18Dec.2008 to SC/ST Commission, against the accused stating that on 15Dec.2008 the accused made unparliamentary remarks against the complainant in public (though there is no public witness as per the chargesheet). The place of incidence is a District Court where the complainant had come to oppose the bail application of the accused's son against whom the complainant had filed another FIR earlier in the same month. It is remarkable to mention that there were hearings on 15th, 16th and on 17th but an incidence which happened on 15th was reported only on 18th.


Based on this, the police filed an FIR in Jan.2009 and arrested the accused in Mar.2009. The accused applied and took regular bail next day. The chargesheet was filed in July2009. Since then, the complainant is not appearing on one or another ground. One witness is father who was along with with complainant on the date of "alleged" incidence. Sometime the complainant would come and the father woundn't come and other date father would come with an excuse for the complainant. Others are formal witnesses. The prosecution has failed to record evidence, of even single witness since two years. It has been two years now since P.E. was ordered in 2009 and even complainant has not completed Examination-in-chief.


The fact is, the alleged incidence never occured. It was a pressure tactics to pressurize the accused to succumb to the demands of the complainant. Also there was a pending case against the son of the accused which was filed by the same complainant.


QUERY:


1. Is there a possibility that the accused can get this case quashed before the Hon'ble High Court on the grounds of non-appearance of the complainant. Also the accused posses many other proofs which points fingers straight to the complainant?

2. If yes then what should be the strategy?

3. If not, then should the accused file an appeal in High Court, praying to expedite this case? Will such appeal help in expediting the case?

4. Major reason for non-recording of evidence is absence of the complainant and the father and ALSO the "Special PP" for this case also does not appear.

It has been over 15-20 dates in past 2yrs since when the Sessions Court is providing opportunities to the complainant and still they are not at all bothered. The issue is that the case which was filed by the complainant against the son of the accused is also going on in evidence stage. The CORE REASON for non-appearance of these witnesses is that their plaint is frivulous and concocted and they are worried that on conclusion of the case they wouldn't be able to pressurize the accused. ALSO the accused might file case of defamation against the complainant and of false implication. The complainant had also demanded money in liue of settling the cases but due to some reasons the settlement couldn't happen.

Also one important submission is that local police where the complainant used to resides had been involved in both the cases in helping the complainant. The accused posses voice recording of the police officer demanding money and threatening the accused in police station.




//peace
/Saurabh..V



Learning

 3 Replies

Sajeev Menon (Legal Consultant Dubai 00971 508836442)     29 June 2011

Dear Sourabh,

 

The accused can file a petiotion before the H.C for the speedy disposal of the case based on the ground that the complainant is not attending court so as to delay the matter. Absence of the complainant wont help you to quash the matter since it is based on merit only,but you can get a direction from the H.C for the speedy disposal which helps you to get an order from the lower court.

Saurabh..V (Law Consultant)     29 June 2011

Quash grounds are different than non-appearance. These are::

 

1. The case has been filed with malicious intent for pressurizing the accused and to take revenge. There is already a case pending against the son of the accused and they wanted to ruin the family of the accused.

 

2. The 3days delay in filing the FIR has gone unexplained even till date. Incidence date is 15th and complaint is filed on 18th whereas on 15, 16 and 17, the complainant visited same district court complex and attended the hearing and did not mentioned the incidence to the Sessions judge.

 

3. There is no eye witness so how can it come under SC/AT Act, where "Public Place" should be contrued as "Public View". When no one saw or heard anything, then how SC/AT Act is attracted?

 

4. The complainant was hand-in-glove with the local police and with their help only they were able to register a false case against the son of the accused. The accused made voice-recordings of these police officers including SHO and during the anticipatory bail application, the SHO and one Sub-Inspector were ordered to be transferred and taken action againt. So in connivance with the complainant and the father, at behst of these police officers, this case was filed.

 

5. The future conduct of the complainant shows, they are not at all interested in pursuing this case which is evident by their non-appearace since 2years.

 

Pls advice now..

 

//peace

/Saurabh..V

Saurabh..V (Law Consultant)     30 June 2011

No responses for this query?

 

I'm shocked that when it comes to "Man-Woman" fights, the posts get over 50 responses but unfortunately the members are not interested to reply for other queries !!

 

//peace

/Saurabh..V


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