Court procedure & how to get relief
Flabbergasted
(Querist) 22 May 2012
This query is : Resolved
Sirs, I realize that this is a long query, PLEASE, PLEASE take time to read and respond..... i'm desperate. Can't live with this system and do not have the means to live outside this system. PLEASE, PLEASE
This query arise out of proceedings u/s Sec 482 CrPC for quashing. Brief facts:-
FIR u/s 420 / 409 IPC was registered on 11-05-2007, accused appeared before Court and took bail, then chargesheet filed and cognizance taken on 30/05/2008 and also summons issued to accused and surety.
Next date 23/08/08 - accused & surety absent, summons not returned.
Next 21/10/08 - Accused absent but advocate appears and files vakalatnama, files exemption also.
Next date 4.2.09 fixed for hearing on consideration of charges. Accused absent exmpt filed.
Next 22/5/09 Accused present but hearing of CC adjourned as P.O. on med leave.
Next 29.08.2007 Acced absent, Counsel submits no instructions received.NBWA issued against accused and surety.
Thereafter there were 12 dates, both accused and surety never appeared nor had Counsel received any instructions. NBWA to both either received unserved or could not be found.
Then having examined process server and IO Court issued written Proclamation on 20/07/2011.
Therefater on 29.08.2011 report on Proclamation returned.
Then and only then Sec 482 CrPC application for quashing filed.
The Application has suppressed material facts as the application does not have any of the orders (from first taking of cognizance on receipt of chargesheet - to the order of return of proclamation. Even submissions does not have any of the facts concerning the said case. It simply states that Proclamation was issued in so-and-so case and prays for quashing of the case. There is no certified copy of order of the so-and-so case.
I had submitted that more effacious and speedy relief had been available but which was ignored by accused.
Also that petitioner had come with unclean hands as relevant facts had been suppressed.
Also that the Proclamation had returned unserved whereas the 482 application had annexure of Notorised copy of said Proclamation. - How did applicant get this Proclamation?
Had also submitted that non of the order sheets of the case which Applicant wanted quashed had been filed. Also I prayed for permission to filed certified copy of said order sheets to show suppression, same rejected.
Court passed order quashing the criminal case pending in trial court.
Non of my aforesaid submissions (more effacious relief, unclean hands, suppression of facts, my prayer for leave to file certified copy of relevant order sheet and rejection of my prayer, etc) has been reflected in the order of HC.
In it's stead the order of HC states that I had admitted that the contents of the FIR made out a case of PURELY (word used to strengthen quashing order)Civil nature. I never made such submissions, I couldn't have. I may not be sufficiently experienced or sufficiently learned BUT I am not so stupid also.
What can I do now? How do I show that I had made the aforesaid submissions BUT non of it is reflected in the order? And how do I show that I never made the admissions as reflected in the Order of the Court?
Please, please help. This is what is happening here. Is there any kind of Human Rights Organization or Statutory Authority or even NGO who I can approach.
This is the nature of Justice here (i can't say where) and it's no a one-off situation, it's the usual practice. It troubles me so much that I cannot even sleep. I either do something about it or else I'll quit the profession. Whenever I read those landmark judgements expousing Human Rights, dignity of an individual, Justice at the highest pedestal etc - i wonder what happened to such Judges, where are they????? HELP ME SIRS, I FEEL AS THOUGH I AM DROWNING.
I have not given specifics because though i care, I am a coward at heart.
Adv.R.P.Chugh
(Expert) 22 May 2012
You've not mentioned the substratum of offence made out against them. The allegations in the FIR etc. What were the contents of the police report u/s 173. How strong was the case ? Without the same it would be too premature to critique about the High Court order on merits. But on the first blush it seems to be misconcieved for two reasons :-
i) 482 is to be exercised in rarest of rare cases - you have to make out a fantastically good case for getting Chargesheet quashed because police by filing a chargesheet and magistrate taking cognizance somewhat concurs with the informant;
ii) it is an equitable relief meant to do justice, a person who's conduct at the trial has been so chequered/blameworthy, who's done nothing but evade the process of law, who's had equally alternative efficacious, the high court order stifiling the prosecution at his behest in exercise of inherent powers, seems to me a li'l pro belmatic.
I would advise you, subject to a perusal of FIR etc, to approach the SC under it's SLP jurisdiction to impugn the particular HC order.
Feel free to talk !
J K Agrawal
(Expert) 23 May 2012
Dear Sir
Do not be disappointed, It happens. It is not a new thing. It is part of life. You enjoy the life even with injustice.
Seeta Ji was expelled without any Charge and Bali was killed without any offence. Rama has to go to Jungle instead of being a King. (I think even Rawan was not at any fault and the story of kidnap of Seeta Ji is fabricated by the winning party.) I am talking about Ram Rajya and Traita Yuga. In Satyug King Harish Chandra was harassed without any fault of him and Makardhawj and Prahlad also have the same story. In Dwapar Yuga, Ganga the mother of Bhishma, murdered 8 children who were not ordinary child but prince of a Kingdom, and surprisingly even no FIR lodged anywhere. Maha Bharat is a simple example of injustice when Lord Krishna himself was on earth. Lord Krishna himself compelled to leave Mathura without any justifying cause and had to go to settle Dwarka where even drinking water was not available easily.
Once A king sent his son to a best school for studies. He was very polite, very obedient, very sincere and disciplined, always stood first in class, Merit Holder also.
On last day in farewell party the King asked the Principal that if he was satisfied with the education of the prince of the State ?
The Principal said that He was not satisfied the Prince was totally untrained. It was shocking to the King but he said that the prince does not know that what is injustice. He never faced a punishment without any guilt. Feeling of Injustice is necessary for a person so that he can value the Justice.
Just Cool down have a faith in Justice. Try to understand your case. Consult some mature advocates. You have doors open of the Supreme Court. You can file a civil Suit, You can do a lot of things. You can change the entire system. Mr Gandhi was just a Flabbergasted. In my views you and Mr Gandhi are at same footing. Just go ahead and you will find that the world in changing.
Shonee Kapoor
(Expert) 02 June 2012
Nothing left to be added.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
