Suppressing facts and got bail in high court
R Karthikeyan
(Querist) 27 July 2012
This query is : Resolved
Dear Experts
About the Case :
Myself and myfriends were invested in monthly instalment scheme offered by accused. Our total investment is Rs.25 lakhs. Duration is 36 months. Last payment was May 2011. We have paid all instalment on due date and collecting receipts from accused. Even after 1year from the date of payment ie last due, the accused neither contacted nor allotted the 25 plots to 19 investors and execute the sale deeds. So we have given police complaint jointly and FIR has filed u/s 420 & 406 of IPC.
Against our FIR registered u/s 406,420, the accused moving AB in District Court. As his move of AB in CMP, I have filed objection thro Intervene Petition. In this case I am the Defacto Complainant.
As against the case proceedings, the accused move to high court suppressing the fact of pending CMP in district court and got AB.
So I approached the District court explained the suppressing fact etc, the DJ has told me that there is no problem in getting AB in high court while pending in CMP of any other court !!!!!!!
I am not digest this answer, since all bail petition, there is a declaration "No petition has been filed or dismissed or pending before the Hon'ble court High Court. No further Bail Petition is filed previously this Hon'ble court " , hence what is the meaning on this declaration etc ??????????
Kindly give your advise what I will do ?
Shall I go to high court for quash or dismiss the AB ?
Kindly give your advise pl.
regards
R Karthikeyan
Anirudh
(Expert) 28 July 2012
Now, you have to approach only the High Court to get the AB cancelled.
JANAK RAJ VATSA
(Expert) 28 July 2012
you need to apprise the high court about the circumstansces the AB has been obtained by the accused and pray for its quash
