Assistance of filing quash petition in High Court
Querist :
Anonymous
(Querist) 31 May 2011
This query is : Resolved
It has been stated in the private criminal complaint by the complainant that, myself and friend has cheated the flat owners as well as the complainant, based on the letter issued by our Flat Owners Welfare Association, with cooked up story of demand of Rs. 2 lakhs and threatening by our husbands at his office during the office hours and FIR has been booked against them under Section 419, 420, 469, 448 and 506 and 506 R/w 34 IPC., under concerned Police Station, Hyderabad.
The Complainant has filed a false complaint with sole intention to scuttle the ongoing legal process between him and flat owners before the State and National Consumer Commission and make the flat owners to come to a forced compromise.
Through our spouses we were forced to approach the A P Human Rights Commission. Our petition was accepted and notices were issued to the Dy. Commissioner of Police (West Zone), Hyderabad, in 2010. The concerned Inspector of Police (Investigating Officer), of the Police Station had submitted a biased report to the Hon’ble Commission.
Sir, the FIR was filed in July 2010, still under investigation and collection of evidences. Ten months having passed the complainant is unable to prove charges against us. It’s clear that, his allegations are false and baseless. The Investigating Officer of the Police Station has not provided to us the copy of the association letter mentioned in the criminal complaint filed. But, insisted and collected the evidences from us, which was submitted to the Officer in Sept. 2010. When asked for the acknowledgement he refused to give the same. Immediately, as proof of submission of evidences we were forced to sent emails to the Station House Officer of the Police Station, Asst. Commissioner Of Police, and Dy. Commissioner of Police (West Zone), Hyderabad. The same happened to us when our spouses submitted the evidences to the Investigating Officer in Jan 2011, along with their joint written statement. We immediately submitted the copies of the same to the Hon’ble Commission in person and to Dy. Commissioner of Police (West Zone), Hyderabad, as well as another copy to the Investigating Officer of the Police Station by speed post.
The report submitted to the Hon’ble Human Rights Commission show that, the official has been influenced. As it has been done without taking into consideration of our evidences and also without submitting evidences collected from the complainant and others, proving our allegations are false and baseless. In the name of collection of evidences the official is giving sufficient time to the complainant to buy the witnesses so that, the charge sheet to be filed can be in his favour.
None of the flat owners or other office bearers other than the present President our Flat Owners Welfare Association have the knowledge of such letter has been issued to the complainant as mentioned in the criminal complaint.
Our Present President being one of the office bearers in the Happy Homes Apartment Owners United Central Association which filed two Writ Petitions before the A P High Court related to the same issues which the our block flat owners fought for before the State Consumer Commission and aware of the State Consumer Commission orders which was in favour of the association and others. He is aware of the complainant pending First appeal before the National Consumer Commission, has accepted the awarded amount by the National Consumer Commission from the complainant, still intentionally issued a false and baseless letter to the complainant for his personal benefits. He has cheated the all the flat owners by denying the relief’s awarded by the State Consumer Commission, by not disbursing the awarded amount to the respondents in the National Consumer Case till this date, creating hurdles to the authorized person or others to appear before the National Commission on the date hearings.
As both the complainant and the President of our association have put us and the family to unnecessary harassment, mental agony and financial problems, as both have cheated the flat owners and defamed us intentionally they deserved to be booked under IPC sections of cheating, criminal intimidation, defamation, etc.
Our prayer is:
i. Quash the above mentioned criminal proceedings.
ii. Award suitable compensation for subjecting our innocent husbands to unnecessary harassment, mental agony, defamation and monetary loss.
iii. Punish the complainant, his accomplice who have foisted a false case against our husbands as per law and
iv. Other relief(s) as deem fit and proper in the case.
I need free legal assistance on the matter. Can I get the help from any of the experts and get proper reliefs?
