Files gone missing in Criminal Case from ACJM court's filing section
6 months ago
Dear Sir/Madam, There was a Criminal Case registered basis of an FIR in Whitefield area, at ACJM court Bengaluru. Now since the settlement has happened between the parties, when the accused wants to close this case, file section/Registrar of ACJM court says they can't find the files. They are also not making any effort to get the same or closure report from the Police Station.
1. What to do as next step here? Parties want to close the case.
2. What kind of complaint or request needs to put up in front of the magistrate for taking up the case on priority?
3. Quashing is not recommended as too high in price even for settled case is quoted by most lawyers. So how to close in lower court(s) itself?
Continue to follow up with the section/registrar of the ACJM court in Bengaluru. Ensure that you maintain detailed records of all communication with the court officials. Persistently request their assistance in locating the case files or obtaining the closure report from the Police Station and Prepare and file an application requesting the closure of the case based on the settlement between the parties. Clearly outline the details of the settlement and provide any supporting documents, such as the settlement agreement, to the court.
The Trial Court has powers to rebuild such file since FIR/Charge Sheet original copy and other documents are available in the office of public prosecutor and concerned Police Station. You have to lodge complaint with a registrar Vigilance, High Court of Karnataka, Bengaluru in respect of misplacement of file which viewed seriously and concerned officials have to face departmental enquiry.
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