Appeal against injustice for bail petition

Brief facts,

MCRCA No. 1142 of 2016 and MCRCA No. 1153 of 2016

I am working as data entry operator in small village since 7 years at paddy purchase center (Krishi Fasal Kharid Kendra). Whatever record given by Patwari (under Tehsildaar), I have made the data entry. After data entry, I took the printout and got this validated by Patwari. After Patwari’s stamped approval in that printout, I got the second level stamped approval by center head (Kendra Head) and then the report went to district level. District officer found error and asked center head for action against guilty. Center head issued notice to provide the document to him (Our advocate wrongly mentioned in petition that recovery notice was issued although it was document provide notice). We provided the copy accordingly to center head. Then directly FIR lodged.

Now basic questions are:

1.Why at any level including court nobody stated (nor issued notice) us for error correction or recovery of loss? Although, it is prime objective of any official to get the error corrected or get the recovery done.

2.If we have got this stamped approval at two level and our senior official approved it after checking, how can we be solely responsible for loss? (if the said loss happened)

3.If govt purchased extra paddy (Krishi Fasal / Dhaan) and paid extra amount to farmer then govt already has the extra paddy. If govt would return paddy and we will get them return the said amount but no action initiated for our prayer. Why it is denoted as loss?

4.Govt got extra paddy, farmer got the money corresponding to their paddy. We are nowhere beneficiary of single rupees. Why are we treating as criminal?

5.There is no mistake in our data entry as it is already have two approvals. Let’s suppose mistakes happen, then such mistakes of just 0.3% is not a crime. A mistake sould be attempted to correct or recovered. Even judiciary’s more than 1% errors are set aside by higher court they do not punish lower court judges.

6.If answer of all these question will come in front of Hon’ble court in our favor (which is certain because I have all the certified documents now), Can the Hon’ble court may quash the FIR through Interlocutory application?

Thanks,

Firoj

These matters high lighted in the "basic questions" may come up for consideration at the stage of trial only. The attached Judgment shows that the bail was rejected in haste. You can file a Writ Appeal.

Thanks Sir,

Can this writ appeal be filed at Bilaspur High Court only. Please suggest.

Mr. Firoj,

                   There are still Some more legal solutions for you. The Hon'ble High Court of BIlaspur has dismissed your bail petition the following is the extract of the bail petition filed.

1. Apprehending arrest in connection with Crime No. 312/2016 registered at Police Station Bilaigarh, Distt. Balodabajar (C.G) for the offences punishable u/ss 420, 467, 468, 471/34 of IPC, the applicants have filed these applications u/s 438 of the Code of Criminal Procedure. Since both these applications are relating to the same crime number, they are being decided by this common order.

As i peruse the attached judgement of the Bilaspur court the court has dismissed your petition for anticipatory bail, Now in such cases you can try filing a fresh bail application before the Sessuions court of bilaspur and try your luck as you are not barred in filing a AB application before the sessions if the High COurt has dismissed your AB petition . ( there might be repurcussions ofcourse).

Secondly you can also surrender at the bailagarhh magisterial courts and seek a bail.