Please give me your suggestion expertise.
Four years ago, I filed FIR against 7 accused. That FIR comes under sections cheating, woman harassment, extortion, forgery, IT acts....Those accused approached to the honorable high court for quashing my FIR under 482....Now the main problem is that, in their Quashing petition, they have filed fabricated evidence with false statements under the oath....in the same way, one of this accused filed anticipatory bail application before high court after district court rejected his anticipatory bail.....that accused again used false statement n plant fabricated evidence in his bail aplication under the oath , n successfully he got anticipatory bail from Highcourt on the basis of that false statements n fabricated evidence......I came to know when I read his both quashing and anticipatory bail application....quashing petition is still pending before high court....when I came to know this crime.....I immediately filed crpc 340 application before high court and mentioned these each n every fact with prima facie evidence....after that, Highcourt observed my crpc 340 petition and passed following order --
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Heard learned counsel for the applicant. In view of nature of contentions that false record was used for getting anticipatory bail, this Court expressed that such proceeding needs to be filed before the learned Single Judge, who has granted anticipatory bail. In view of this
circumstance, learned counsel for the applicant, on instructions, submits that he wants to withdraw the present proceeding with liberty to file proceeding before learned Single Judge. Criminal Application ##### of 20## stands disposed of as withdrawn. Also Liberty to make submission in Quashing case Criminal Application No. ## of 20## if such contentions are made in that proceeding.
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This is the whole order passed by the Highcourt double bench.
My confusion is starting from here, that, this order and liberty I got 3 years ago and now the Highcourt double bench has changed, so my question is.... If I want to make submissions of this crpc 340 application with this liberty to file proceedings in his quashing petition as such fabrication and false contentions are made by the accused to get relief....then How do I proceed further with my liberty? Is it necessary for me to take prior permission of the latest bench of Highcourt to make submissions of crpc 340 as I have already got liberty for crpc 340 as I mentioned above? What to do? please guide me... as per the supreme court judgment, prima facie case is made out for crpc 340 also....What to do? please guide me...
When the high court had passed an order permitting y0u to file a fresh petition before the single judge bench to seek the relief agaisnt the enlargment of the accused on bail, it appears that you had not approached that bench for relief under section 340 cr.p.c.
The problem with the original petition was that you sought to cancel the anticipatory bail and as the bail was granted by a different court, the petition under section 340 cr.p.c. would be maintainbable before that court alone and not before this court where the quash petition was being heard.
Actually what were you doing all these three years, why you were sitting idle all these years, does it indicate that you are not serous about this issue? or whether you were negotiating with the accused and since the terms could not be negotiated that you had reverted to resume the disconnected legal actions?
