Quashing of FIR u/s 482 crpc lodged u/s 7, 13(1)(d) of PC act Quashing of FIR u/s 482 crpc lodged u/s 7, 13(1)(d) of PC act

5 years ago

I was an informatics assistant (Computer operator) posted in sub registrar office Udaipur on dt. 23-05-2018. An application of duly stamp presented in the office of collector stamps on 28-03-2018. Collector stamps forwarded it to sub registrar on 24-04-2018. After site inspection by inspector, sub registrar valuation it and forwarded it to collector stamps on dt. 20-05-2018. Collector stamp pass an order of duly stamp on dt. 24-05-2018. Applicant deposited stamp duty through challen on dt. 01-06-2018. Document is pending in the office of collector stamps. Trap was organized on dt. 25-07-2018, complainant calls me and forced to meet, I recorded this voice call in my mobile. He give me rs. 50,000 under protest. Complainant not applicant, he is working in office of applicant. Applicant not involve in this matter. An fir was lodge against me u/s 7,13(1)(d), 13(2) of pc act. Charge sheet was filled against me on dt. 17-09-2018 without prosecution sanction but cognizance is pending. My appointing authority suspended me on dt. 07-08-2018. Basically it is a matter of stamp duty adjustment, after trap collector stamp dispatch this file to IG stamps for review, IG stamps wrote a letter to Principal secretary finance for guidance. PS found this judgment is wrong and order IG stamps for further proceeding. IG stamp ordered SR to file a review application for correction in judgment. I was not an employee posted in collector stamp’s office and not posted in SR office when file is pending in SR office. ACB not filled call records of applicant only file call records of complainant. From 4th june to 24th july, not a single call by me to complainant. ACB has no proof against me other than transcript. Involvement of free witness is in under suspect, ACB gives a letter to appointing office of free witness on 25-07-2018 but he receives letter on dt. 26-07-2018 (ACR create this after trap). Can I go for FIR quashing u/s 482.

Shanti Ranjan Behera

Responded 5 years ago

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A.Dear Client,
Yes, you can go.
First, find out a good Advocate who will take up your case.
If you can, it is fine, otherwise get in touch with Vidhikarya.com to arrange one for this case.
Shanti Ranjan Behera,
Advocate
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Vidhi Samaadhaan Vidhi Samaadhaan

Vishwabandhu

Responded 5 years ago

A.Dear client u have been booked u/s 7, 13(1)(d) of PC act. The minimum sentence under this act is 4 years imprisonment ,and fine .
iI is a fact that most the cases result in conviction due to sec 20 of the act. This sec is very dangerous because it casts burden of proof on accused, to show that if had not demanded money from complainant the how the money came in his possession ? The explaination offered by accused must be reasonable and trustworthy.

At present I m contesting 30 cases of sec7, 13(1)(d) of PC act, in appeal in Jabalpur High Court .
In appeal i have noted that Lawyer in below court did not ask some important questions from witness or he could not project a reasonable defence story or create a reasonable doubt in prosecution case which resulted in conviction.

A eminent Lawyer decides his defence story by examining chargesheet .

Dear client if u want to consult me deposit my fees with vidhkarya and send the copy of charge sheet.

Dear client as far as your petition under sec 482 is concerned it will fail because in High Court one advocate of Lokayuct or ACB is already posted. If u file a prtition HC will ask him to furnish a reply and he will seek time and in between Section will be granted to ACB because sec 19 of P.C. has been again amended again on 26-07-2018.
By this amendment Govt is bound to give sanction withen a period of 3 months or show reason that why it is not being given.
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Vidhi Samaadhaan Vidhi Samaadhaan

Deepak Yashwantrao Bade

Responded 5 years ago

A.Dear client kindly approach highcourt for quashing FIR
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Vidhi Samaadhaan Vidhi Samaadhaan

Rajender Prasad

Responded 5 years ago

A.YOU APPROACH hIGH cOURT FOR QUASHING OF FIR. For details, please contact a family lawyer like me through vidhikarya.com
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Vidhi Samaadhaan Vidhi Samaadhaan

ARPIT BATRA

Responded 5 years ago

A.You can get it quashed from High Court.
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Vidhi Samaadhaan Vidhi Samaadhaan

Sanjay Kumar Jha

Responded 5 years ago

A.Dear Client, you may move to H.C for quashing, FIR, , But you should also opt to filing writ petition against that that order and vacate the suspension order too. You may consultant for needful action .
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Anonymous

Replied 5 years ago

Sir i filled a

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Anonymous

Replied 5 years ago

Sir i already filed a writ of stay as well as dismissal of suspension. Hc raj not grant prima facie stay on suspection bt accept writ and issue notices.

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Vidhi Samaadhaan Vidhi Samaadhaan

Vishwabandhu

Responded 5 years ago

A.Dear Client Tell me:--
1. What has been done by Court after filing of charge sheet on 17-09-2018 without prosecution sanction ?
2. What is the order of Court on 17-09-2018 ?
3. Has Court framed the charges against u ?
4. What was the real story ? in voice recording ?
5. Was money recovered from U ?

Dear Client let me know the facts and I will give u correct advice.
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Anonymous

Replied 5 years ago

I was in jail so ACB file chargesheet, after that my bail is granted and court wait for prosecution sanction. Charges are not framed. Complaint and i was in car of complainant, he gave me money so it recovered by me. In voice recording i accept to take money on many times he gave me before that trap. On some instance he voluntarily gave money in part for work.

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Vishwabandhu

Replied 5 years ago

Dear client in your case charge sheet has been filed without previous sanction under sec 19 of Prevention of Corruption Act. As per Law Court cannot take cognisence without previous section in this case. So u can file Petition in High Court under sec 482 to quash the case ., but if in between sanction is granted then your Petition will fail.
But in present position u must file Petition in High Court under sec 482 to quash the case, and let us see what happens afterwards.
Dear client if u can send me photocopy of charge sheet I will give correct advice to defend your case in court..

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Anonymous

Replied 5 years ago

Sir thanks, a talk to vidhikarya for further proceding. Can we argue before sp. Judge ACB before prosecution sanction not received u/s 239 crpc.

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Vishwabandhu

Replied 5 years ago

Dear Client Sec 239 of Cr. P. C. is about Dischage in a criminal case. But this case is different because Court can not take Cognisance without previous Senction under sec 19 of P.C. Act. Thus the Court is barred to pass any order in this case.
The only remedy is to file a petition under sec 482 of Cr.P. C.

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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 5 years ago

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A.Dear Sir,
I have prepared discharge applications in many such trap cases. You have to file discharge application under section 239 of CRPC as charge sheet is filed. If not discharged you have to file 482 petition for quashing of charge sheet. For more details and judgments please contact me through the management of this website. The following is the extract of discharge application in one of such application by my office. You may share your documents and get DRAFT DISCHARGE APPLICATION.
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a) It is settled law of the land and N number of judgment are available that the minimum requirement to book an Government Officer on the charges of illegal gratification, the prosecution must establish demand and acceptance of such illegal gratification. In this instant case the prosecution is not alleged that this accused has demanded any illegal gratification from any of the witnesses or public at large. It is also admitted fact that this accused not accepted any such illegal gratification. When the charge sheet filed by the prosecution not disclosing these two basic ingredients, any length of evidence may not prove this accused guilty of offence of illegal gratification. The simple strategy behind the scheme of booking officials for illegal gratification must be supported by demand and acceptance of such illegal gratification. Thus even if this accused put before the trial and face the trial the outcome will be Nil. In other words it is settled law of land that when a charge sheet is devoid of main ingredients of alleged offences it is suggestible to send the accused for trial instead he must be discharged at the stage of HBC (Hearing Before Charge). Basing upon this universal principle and the logic of the law it is humbly requested to accept the contentions of this accused and accordingly he may kindly be discharged.
b) It is also admitted fact that, no amount is recovered from this accused. It is also admitted fact that no trap was made against this accused. Not a single penny required from this accused. Simply because he is working in the office of Accused No.1 the honest staff members of such office cannot be booked on imagination that they might have co-operated with Accused No.1 in collecting the bribes. It is imagination without any basis. The law do not recognize and also do not recommend to file charge sheets against innocent staff members on presumption and assumptions. It is one such case wherein the ACB authorities without any basis come to the conclusion that this accused involved in the illegal activities of Accused No.1. There must be atleast remote link between Accused No.1 who is the main accused and the present accused in respect of nature of duties and powers vested in him. This accused not vested with any power to favour any of the public visiting Registration Office. Thus when there is no allegation by any person and when there is no amount recovered from this accused it is useless and wasteful exercise made by the ACB authorities arraying this accused with such alleged offences. In this background also the Hon’ble Court may come to the conclusion that even if this accused is sent for trial there will be no fruitful result, instead exercising its discretionary powers, it may discharge this accused without putting him to further more trouble.
c) The entire ACB case revolves on the allegation of “illegal gratification”. It would be mockery of justice if this accused is sent for trial when not a single whisper is made in any of the statement of the witnesses regarding illegal gratification against this accused. No witness come forward to state that any demand was made by this accused at any point of time in respect of any bribe. Under these plain circumstances the law should protect the innocent staff members by discharging them at the threshold of the trial.
d) Another main ingredient of ACB cases requires “trap”, but in this case no such trap was made against any of the officer or officials of Joint Registrar Office wherein this accused is working. In specific no direct or indirect evidence is available against this accused to indict this accused to any of the offences alleged in the charge sheet.
e) Now this accused relies upon Section 164 of Criminal Procedure Code, 1973 which is reproduced below:
“164. Recording of confessions and statements.
(1) Any Metropolitan Magistrate or Judicial Magistrate may, whether or not he has jurisdiction in the case, record any confession or statement made to him in the course of an investigation under this Chapter or under any other law for the time being in force, or at any time afterwards before the commencement of the inquiry or trial: Provided that no confession shall be recorded by a police officer on whom any power of a Magistrate has been conferred under any law for the time being in force”.

It is admitted fact that no confessional statement under Section 164 of Criminal Procedure Code, 1973 was recorded by the Magistrate of any of the accused. Thus there is no iota of evidence on record to indict this accused to the alleged offences. On this ground also this accused may kindly be discharged.
f) Now this accused relies upon Section 161 of Criminal Procedure Code, 1973 which is reproduced below:
“161. Examination of witnesses by police.
(1) Any police officer making an investigation under this Chapter, or any police officer not below such rank as the State Government may, by general or special order, prescribe in this behalf, acting on the requisition of such officer, may examine orally any person supposed to be acquainted with the facts and circumstances of the case.
(2) Such person shall be bound to answer truly all questions relating to such case put to him by such officer, other than questions the answers to which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture.
(3) The police officer may reduce into writing any statement made to him in the course of an examination under this section; and if he does so, he shall make a separate and true record of the statement of each such person whose statement he records”.

The entire charge sheet made voluminous by producing statement of witnesses said to have been recorded under Section 161 of Criminal Procedure Code, 1973. It is on record that statement of LW-2 to LW-50 that is statements of 48 witnesses were recorded under Section 161 of Cr.P.C. The remaining witnesses are official witnesses. It is surprising to note that the descriptive column in front of the statement of the witness attached to the charge sheet in tabular form discloses as “To speak to the contents of his statement under Section 161 Cr.P.C etc., facts”. Thus instead of describing the nature of statement to be deposed before the Hon’ble Court a standard format was used as above which not only misleads the Hon’ble Court but also the Learned Public Prosecutor and also the accused. The index of the charge sheet is vague and it is not described to which fact each witness is going to speak on before Hon’ble Court. On perusal of contents of such statements of witnesses is very vague and cyclostyle type.
It is settled law of land and in N number of judgments Hon’ble High Courts and Hon’ble Apex Court categorically impressed upon the Hon’ble Judges of Trial Courts not to believe the contents of 161 statements which are stereo typed. Section 161 of Cr.P.C is like a blank signed cheque in the hands of Investigation Officer to built up a case in his own fashion. Since statements recorded under Section 161 of Cr.P.C needs no signature of the witness who alleged to have given such statement. Further it is not known whether such witness was really present before the Investigation Officer and spoken accordingly. In order to believe such statements the Investigation Officer must produce supporting documents such as copies of notices having served upon the concerned witnesses under Section 160 of Cr.P.C, which is reproduced below:
“160. Police officer’s power to require attendance of witnesses.
(1) Any police officer, making an investigation under this Chapter may, by order in writing, require the attendance before himself of any person being within the limits of his own or any adjoining station who, from the information given or otherwise, appears to be acquainted with the facts and circumstances of the case; and such person shall attend as so required: Provided that no male person under the age of fifteen years or woman shall be required to attend at any place other than the place in which such male person or woman resides.
(2) The State Government may, by rules made in this behalf, provide for the payment by the police officer of the reasonable expenses of every person, attending under sub- section (1) at any place other than his residence”.

In view of above mandatory provision the Investigation Officer ought to have produced copies of above notices along with the charge sheet. Since IO fail to produce such copies no judicial notice can be taken to the contents of 161 statements which are before this Hon’ble Court.
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Anonymous

Replied 5 years ago

sir court take cognizance without previous sanction. So can i go for u/s 239 or 482. sec 19 of PC act is mandatory, in case of previous sanction case is amount to discharge of case.

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