Ongoing proceedings but fir lost in court's file
Ajit
(Querist) 18 January 2014
This query is : Resolved
Hello Experts,
Please consider this as a distress query therefore, request your kind consideration.
An FIR was lodged in 1994 against me, since then criminal case under section 420, 406, 403 is going on.
I had borrowed from Bihar State Finance Corporation (BSFC) but in the year 2011 under One Time Settlement Scheme (OTS) all the due amount was paid and No Objection Certificate was obtained which was duly submitted to the court.
All the witnesses from both sides were exhausted. Now, at the time for argument, the magistrate finds no FIR in court’s file. For the last one year, the magistrate continuously writing to SP’s office for procuring the FIR. But no reply has been received yet.
In the same footing case, with same informant and sections a few other accused were been acquitted in different magistrate’s court. (Though, they had FIR copies available in their court’s file)
Is there any ruling etc that I should suggest my lawyer to take into account? Please advise, in those circumstances what is the way forward?
Thanking you
Regards,
Ajit verma
Advocate. Arunagiri
(Expert) 18 January 2014
You can get the FIR copies from that court and produce it to your court.
Guest
(Expert) 18 January 2014
First you understand it is two different issues. one for recovery which you had settled by OTS. the next for cheating the reasons which you had not disclosed if FIR is not found you just relax with out showing much interest on it.Consult your Lawyer
Advocate. Arunagiri
(Expert) 18 January 2014
I think that I misunderstood that the FIR is the same for both the cases. If the both FIR is not the same, You can produce the proof of settlement and can get discharged from the case.
As you have told the case is initiated in 1994, the OTS is in 2011. so you have settled the matter while the case is pending. In the OTS they would have mentioned that they will withdraw all the cases. once the OTS is completed.
Guest
(Expert) 18 January 2014
Please understand they could with draw the case of default in ots and not cheating its a different case which you have not explained
Dr J C Vashista
(Expert) 19 January 2014
If the case is not withdrawn, move to High Court for quashing of FIR, give all details in the petition
Rajendra K Goyal
(Expert) 19 January 2014
Well advised by the expert Dr J C Vashista ji. High court should be approached for quashing of the FIR if case not withdrawn.
R.K Nanda 
(Expert) 19 January 2014
agree with experts.
Ajit
(Querist) 19 January 2014
Sorry, if I am not able to explain the case.
But first and foremost Thank You Everyone for taking time to consider my issue and for your valuable suggestions.
But I would like to further clarify that everything is stuck at FIR issue. Because without FIR the magistrate is not ready to go further, no argument, no proceedings.
Regarding OTS, it was just for the settlement of the recovery of Loan amount but the charges of Cheating stays. And only state could withdraw the case and BSFC couldn’t do anything in this.
So, the problem is how to resolve the lost FIR matter. (Just for clarity there was only one FIR lodged).
Finally, my lawyer says the case at this juncture can not be quashed as its in final stages.
Guest
(Expert) 19 January 2014
I had already told you two different case still i would reply after my seniors in LCI reply
T. Kalaiselvan, Advocate
(Expert) 19 January 2014
You have to wait and watch or influence the police through your sources.
Guest
(Expert) 19 January 2014
As a lay man I would prefer to know the meaning of INFLUENCE THE POLICE
Dr J C Vashista
(Expert) 20 January 2014
I have clarified that move to High Court for quashing of FIR (available on website-in Delhi if it is a case of Delh Police)the prosecution will have to file their reply, do not worry.
Let the government/ police may do their job.
Rajendra K Goyal
(Expert) 20 January 2014
Agree, For quashing something positive can come for the case from the reply.
Ajit
(Querist) 23 January 2014
Sorry, was not having access so couldn't reply.
However, Sincerely Thank everyone for their time and effort.
Much appreciated
I will discuss with my lawyer once again with your suggestions. Lets see if there is a possibility to expedite the matter.
