Inherent power of hc
gopinathan
(Querist) 17 February 2016
This query is : Resolved
Dr crl.law Experts
A govt servant with support of various documents collected through RTI, is willing and ready to prove his innocence. whether HC in its inherent power can quash FIR charaged u/s 7 and 13 of PC Act before charge sheet not filed. Some of the documentary facts below:
a) Vigilance arrested an officer based on Civil Contractor (A)complaint
b)But Work order and bill was prepared in the name of (B) (RTI doc)
c)Security deposit receipt originally raised in the name of (B) and erased the name to (B)(copy of chalan xerox)
d)Measurement Book was prepared in the name of (B) and subsequently scored out and written as (A) (M.Book should not be scored out. Its a legal document)
e)A&B were forged and prepared number of commercial tax certificates Form.S and got about 20 lakhs VAT evaded (RTI docs)
f)the officer being taken legal action against A&B reg lack of quality control works is a ongoing matter.
g)25 days before the complaint of A legal notice was sent by officer to A&B
h)officer stayed through HC for not to payment 3 work bills of A&B Rs.55 lakhs until further orders
i)Moreover HC sent notice to department higher officers based on the officer charged on the concerned Asst Engineer who colluded with A&B in all aspects
Fact and conspiracy is, contractor B impersonated A with the collusion of Asst Engineer who is the authority to prepare tender documents.
Kindly advice whether quashing of FIR is possible under this circumstance
e)
Rajendra K Goyal
(Expert) 18 February 2016
The substance available with the department to prove the charges would also be considered which are not available in the query.
Full case file need to be referred, discuss with your lawyer.
