Charge sheet filed without submitting fir before court.
Sadanand B. Panchal
(Querist) 16 August 2014
This query is : Resolved
Respected Experts,
I witnessed the trees felled in my area by the developer while excavation for construction of building. Being aggrieved, I made complaint in writing to the Garden Department, BMC of my Ward with enclosing photographs. Thereafter the Assistant Horticulture Officer of the Gardens Department, BMC visited the site and after calling the records of the Tree permission from the Tree Authority, found that two trees felled without permission and also 18 trees felled which were permitted but not planted within statutory period. Therefore the Tree Officer with approval from the Ward Officer lodged complaint with the Senior Inspector of Police under Jurisdiction.
Thereafter the Police registered First Information Report against the Developer for offence committed under Section 8 and 21 of the Maharashtra (Urban Areas) Protection and Preservation of Trees Act, 1971. The said FIR is of the type Sp.LAC Case in Marathi Special Local offence. Before registering the FIR, the Police obtained permission from the Metropolitan Magistrate Court under Section 155 of the CrPC.
The FIR was registered on month of January 2012 and thereafter Police filed Charge Sheet in the month of November of the year 2013.
It was doubtful fact that the Investigation Officer filed Charge sheet and brought the bogus accused without taken copy of the FIR on record of the Court. But on the Charge Sheet number of FIR was written. On charge sheet the offence described deferent than as described on FIR and also the accused name (developer’s name) indicated in FIR was not disclosed on it. But the witnesses of the FIR were taken on record as witnesses of the bogus accused. Therefore the Court was summoned me and the BMC Officer for examination in chief.
BMC officer made his deposition according to the FIR and stated the person responsible for offence was the developer whose name was indicated as accused in the FIR. He also submitted copy of FIR and other documents as evidence. In spite of this Court did not asked the Police why the Police had not submitted the FIR from the side of Prosecution.
The Advocate for the bogus accused taken part in cross examination of the witness. When I was making my deposition, the Magistrate did not call the typist and recorded my deposition by pen in hand writing. When on inquiry I found that among my deposition, the Court neglected the name of accused in FIR and also further did not record various depositions mad by me. Therefore I made application to rectify my evidence, but the Advocate for the Bogus accused again taken objection for my application. I already informed the court that the Police has not arrested the real accused indicated in the FIR. I don’t understand why the Court is entertaining the Advocate for fake accused. On very next adjournment the Magistrate annoyed with me and told that leave the matter; this is not the matter of murder.
Shall I make Complaint to the Hon'ble Chief Justice of High Court or the Hon'ble Chief Metropolitan Magistrate about abuse of process of Court? My evidence is going on since one year. I made complaint, made efforts to follow up and now the said case would might dismissed for wrong Charge sheet.
What is the solution for this situation when the Police filed Charge Sheet without basis of the FIR and without submitted FIR before Court under Section 170 of the CrPC?
Kindly inform me identical Reported Cases regarding Charge sheet filed in absence of FIR.
Kindly guide me.
Advocate. Arunagiri
(Expert) 16 August 2014
Police can not file a charge sheet without registering the FIR.
Police need not frame chargesheet on the same person (accused) shown in the FIR. They have every power to drop that person and frame charge sheet on a different person.
If they come across any other offense during the investigation, they can charge sheet for that also.
Sadanand B. Panchal
(Querist) 16 August 2014
Respected Experts,
I am the first informant of FIR which already registered, Second Informant is the BMC officer. The false charge sheet filed against the bogus accused included names of the informants as witness. But we both the informants did not made any complaint against bogus accused, though our names written on it as witnesses. For false charge sheet there is not FIR and for the entire Case there is not any FIR forwarded to the M.M. Court u/s. 170 of CrPC at all.
How Police could file charge Sheet without any FIR before Court?
ROHIT SHARMA
(Expert) 18 August 2014
Dear Mr Sadanad B Panchal,
1. In this situation you should consider it appripriate to write a simple letter complaining to the Hon'ble Chief Justice of High Court and or the Hon'ble Chief Metropolitan Magistrate about abuse of process of Court. Your efforts will secure that the trial court does amend its stand and ask the police to produce the F.I.R. which was subsequently recorded after the police has given the information of the n.c. complaint lodged by you u/s 155 Cr.p.C. and had got the permission from the court to treat the matter of compliant as cognizable.
Sadanand B. Panchal
(Querist) 19 August 2014
Respected Experts,
I am thankful to you all and obliged.
Raj Kumar Makkad
(Expert) 20 August 2014
I do agree with the advice of both the experts.
