Bail order and foul-play
Ranganath
(Querist) 01 June 2009
This query is : Resolved
Ld counsels,
Anticipatory bail was ordered by high court. In the bail order it is mentioend that "the case of prosecution is that the accsued have ill-treated and demanded dowry, and the govt advocate submits that petition enquiry is pending after which there is a possibility of registering a case." With the above observation bail was ordered. Now, in this situation the complaint alleges cheating apart from dowry deamnd. Why is the prosecution didnt mention cheating while the bail petition was heard.
The truth is the complaint on the record of police and the public prosecutor was tampered to add cheating. Further no FIR was registered based on this complaint.
A new complaint was later accepted and FIR is regsitered u/s 420.
Now since the records are all the same with cheating allegations in the complaint copies will the court percieve the foul play.
Please give your opinion. Please remember we are living in a corrupt country and any thing can be done by bribing the police and court staff. My question why is the prosecution didnt mention about cheating while it was clearly mentioned in the (forged)complaint. Will the Hbl high court condone this as a technical err and brush aside as the petition enquiry was pending. This will be disastrous given that no FIR was later filed based on this first complaint.
What is the legal remedy that I have to order an enquiry on this forgery/conspiracy, obtain stay on the proceedings, and extend the bail for the second complaint. I want to directly approach the court, is that advisable.
This is a clear case where the court is being mis-led provided if I get the copy of the original complaint which I cant.
Please clarify.
A Truthseeker
(Expert) 02 June 2009
Original complaint which is called the FIR is the basis of your anticipatory bail. though police can after investigation add or alter sections in the charge sheet but in your case allegation of cheating should only be interpreted as an after thought as it is not in the FIRST INFORMATION REPORT or, FIR.SO you can very well plead it referring to fir. FIR is a public document and accused has right to get its copy(Re: JAYANTI BAI Vs. STATE OF GUJRAT,1992 Cr LJ 2377.
