On evidence
Tripathi
(Querist) 06 March 2017
This query is : Resolved
Dear Sirs,
My husband is falsely implicated in a case under sections of 354 (c), 354 (d),506, 509 by our neighbor.
The case was filed since we were fighting an illegal construction and got the Lok Adalat decree awarded in our favor.
Though FIR is registered in July 2015, the IO did not file the charge sheet even after 18 months. We filed the status report with the court and IO promised to file the charge sheet.
The municipal authorities did not demolished the illegal structures and we field the execution petition.
Now, the neighbor is threatening us of filing more serious charges against my husband and he has connection with the local police. He pressurizes us to withdraw the execution petition.
1. We were informed that mere statement of the complainant is sufficient as evidence for prosecuting the accused in the case booked under section 354 (c), 354 (d), 506, & 509 of CrPC. Is it correct?
2. What we can do to avoid the future complaint of false charges?
3. Is there any limitation period in filing the charge sheets by IO? Some say 3 years and some say no limitation. Please advise.
4. Some say file a Writ petition to the HC ? And some say file a Discharge petition seeking discharge in the local court. And we are confused.
With namaskar
Mrs.Tripathy
Raj Kumar Makkad
(Expert) 06 March 2017
1. No true as some supportive substance is also to be brought on file by prosecution.
2. You install cameras covering the range of the disputed site and house of your neighbor, record the threatening of your neighbor and try not to personally fight with him rather insist upon your petition.
3. No limitation is given in law, however, the time should be reasonable.
4. Discharge can be filed only after submission of challan whereas quashing before high court can be filed even before it. You have no other option but to approach high court for quashing of FIR.
Ms.Usha Kapoor
(Expert) 07 March 2017
If time taken for charge sheet is more than 1 year the FIR can be gotten quashed in High court through a
Writ such as Mandamus/or Certiorari. There is undue delay of 18 months in filing So in all probability The FIR will be quashed by the Highcourt and the accused will be exonerated of the criminal charges and let off.
