Police presented wrong accused before the court to shelter real accused of the fir
Sadanand B. Panchal
(Querist) 18 July 2016
This query is : Resolved
Respected Experts,
Court summoned me in the Case of tree cutting offense by the developer Accused A whose name indicated in the First Information Report xy of 2012 registered on my original complaint where the First Informant was officer of the Municipal Corporation.
When I reached the court I found that the Police presented wrong Accused B in the place of Accused A and also submitted Final Report against the Accused B numbering First Information Report xy of 2012. I also found that the Officer of MMC and the First Informant deposed the offence of tree cut was committed by the Accused A. Thereafter I also made my deposition stating the offence of tree cut was committed by the Accused A. The Advocate for the Accused B tried to cross examine me which I opposed.
I further made Application to discharge the Accused B and prayed before the trial court to book the real Accused A whose name was indicated in the FIR which was rejected. Therefore I made Application under section 340(1) of Cr. P. C. praying that in the interest of administration of justice, an inquiry be initiated of offense committed by the investigation officer making wrong information before the court that the offense of tree cut was committed by the Accused B in order to shelter Accused B.
My Application under section 340 (1) of Cr. P. C. was heard by the trial court at length wrongly allowing Advocate for Accused B to participate and thereafter the same was rejected on the ground that the Application under section 340 (1) was made at premature stage as my evidence was not completed.
Thereafter I filed Criminal Appeal under section 342 of Cr. P. C. before the Hon'ble Sessions Judge. At the stage of admission of Appeal, I was not allowed to argue my grounds. I made my efforts to argue but the Court prohibited and finally my Appeal was dismissed with a direction “liberty to file such type of issue at appropriate stage”
I become remediless and on the other hand the Hon'ble Sessions Judge directed me not to obstruct process of evidence even if the Advocate for wrong Accused cross examines me.
In this case Police Prosecutor of the trial Court was appreciated that there was trial going on upon wrong Accused B and therefore she signed on my earlier Application under section 340 (1) of Cr. P. C.
I do not know what is procedure to be adopted in this case when the trial court knows that there is wrong Accused B and Accused of the FIR is Accused A are different persons. I am in this matter since the year 2013 and spent lot of money to obtain justice against the Accused A who cut 21 trees in my area and no single tree planted.
Please advise me how to obtain justice.
P. Venu
(Expert) 18 July 2016
Let the trial go on. It is for B for defend himself. You may do your best in leading evidence as to the offence and the offender(s) that the Court can invoke provisions of 319 CrPC.
319. Power to proceed against other persons appearing to be guilty of offence.
(1) Where, in the course of any inquiry into, or trial of, an offence, it appears from the evidence that any person not being the accused has committed any offence for which Such person could be tried together with the accused, the court may proceed against such person for the offence which he appears to have committed.
(2) Where such person is not attending the court he may be arrested or Summoned, as the circumstances of’ the case may require, for the purpose aforesaid.
(3) Any person attending the court although not trader arrest or upon a summon, may be detained by such court for the purpose of the inquiry into, or trial of, the offence which he appears to have committed.
(4) Where the court proceeds against any person under subsection (1) then-
(a) The proceedings in respect of such person shall be commenced afresh, and witnesses re-heard.
(b) Subject to the provisions of clause (a), the case may proceed as if such person had been an accused person when the court took cognizance of the offence upon which the inquiry or trial was commenced.
