Quashing of FIR against 482 cpc
vaibhav
(Querist) 29 August 2017
This query is : Resolved
Hi,
My father has been trapped by 2 girl, whose age is below 18, under section 354 34 ipc, 10 pasco, sc/st 3(1),3(2), and v(k). One teacher Dinesh nayak has some issues with my father so he braught 2 girls from school and forced them to say against my father in front of media. On the basis of newpaper, BEO investigated. It is all happeing becuase of money, there are few small political leader who are demanding for money from us to close the case. My father is well know teacher and his age is 53 years. I did not have a single black spot in his career. Whole village is in my favour of my father becuase they everything that my father has done nothing wrong. Everday day they are demanding for money. You know very well that under this sections its very difficult to get bail. When we had discussed with police station incharge , he told that i can not do anything becuase i have some political pressure. Girls are saying my father did something with them 3 years back. There was already one investigation took place by the block education office , under which my father found to be innocent. These days courts are very strict in such cases , so its very difficult to get bail. We have lost all our hopes. We applied for bail in session court. It got rejected. Now we are thinking to go high court for quashing of FIR on basis of BEO report. In BEO report it is clearly written that no such incident happened in school. All this happened because of quarrel between teachers. So they are transferred to different places.
Now we are thinking to go high court to quash FIR against 482 CPC on the basis of BEO investigation.
P. Venu
(Expert) 30 August 2017
First priority should be in approaching High Court on the strength of BEO's report.
Adv. Yogen Kakade
(Expert) 30 August 2017
Firstly, no one can cancel or close the criminal proceedings when an FIR is registered. It is advisable to fight with the help of strong evidences. You can approach the high court for appeal against the order of the bail rejected by the sessions court.
Yudhish Padman S
(Expert) 30 August 2017
Dear Vaibhav,
The inherent power of the Hon'ble High Court u/s.482 of Cr.P.C. can be invoked when there is some illegality or irregularity in the criminal proceedings. The B.E.O. report is the result of a departmental investigation to decide whether administrative action against your father is required to be taken or not. It is a well settled law that the findings of a departmental investigation has no bearing on an ongoing criminal investigation. Hence, it is not advisable to move a quash petition solely relying upon the B.E.O. report.
Regards,
yudhishpadman@gmail.com, Advocate, Chennai.
Rajendra K Goyal
(Expert) 30 August 2017
Try for bail from High court. Defend your father with strong and solid acceptable proofs in his favor.
vaibhav
(Querist) 30 August 2017
Sir, bail got rejected in session court. Now we are afraid to go to high court. We are thinking to wait till filing of chargesheet. So that we can apply again in session court
Dr J C Vashista
(Expert) 31 August 2017
Engage a local prudent lawyer. to arrange/manage bail for your father and contest the case(s) on merit, you have no alternative.
