Can police investigate
Legal_Query
(Querist) 16 February 2012
This query is : Resolved
a consignment of liquor was stopped by police for routine checkup thereupon police on suspicion that the import permit seems suspicious registered a FIR under section 34 of MP Excise Act without verifying the authenticity of the permit with the issuing authority.
therefrom, upon verification issuing authority verified the authenticity of the import permit vide its written communication.
after the reciept of the said verification letters, police changed the course of investigation that the paper on which the said permit was printed was not from the govt. printing press and hence added further secton of 420, 467, 468. however the issuing authority of the alleged permit had stated the duty had been duly paid and the consignment is valid.
police is trying to implicate directors and the excise dept in the case.
*. can police themself become complainant in this matter as when the issuing authority (excise dept.) are themself are certifying the authenticity of the permit and the duty being paid there seems to be no case.
*. if allegation leveled by police are true and the page used for permit was not printed in govt. printing press does it makes the consignment illegal or any case when there is no loss to the state or others.
*. can going for quashment of FIR is viable in these circumstances.
*. if there was any abnormility found by the police in this respect shouldn't they have reported to the excise dept.and waited for their complint before further investigating.
occupiers of the vehicle had been granted bail.
matter is under investigation.
kindly suggest further probable action
thnks
neeraj chawla
(Expert) 16 February 2012
Approach the Hon'ble High Court for quashing the fir and approach the trial court for further investigation of the matter by filing a protest petition.
dev kapoor
(Expert) 19 February 2012
Hi,
Immediately file petition for quashing FIR,you sure succeed.But dont forget to file case against the concerned police for lodging false FIR/case & harassment.
