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Rishavnath Satapathy (self employed)     02 July 2013

Help on false 376 complain

Hi All,

I am an software engineer from Bangalore. 

In year of 2011 November some police offices from Odisha and her daughter files a 376 case against me, to force me and my parents for marriage.

Since then police did not taken any attempt to arrest or search me as everybody know the reality.

But still past 2 years i am waiting when this case will close. I am an Engineer and i have to travel abroad and last time my US visa got cancelled, and i doubt due to this FIR only visa got cancelled.

There is nothing to investigate on this case as the incident happens in Himachal state, complainant belongs from Odisha state and FIR registers in Karnataka state after 3 month of incident, so police aslo kept quite and may be waiting for me to approach him and pay bribe.

kindly suggest me if there is any legal way to close the case or instruct police to do investigation on this case. I have applied bail in session court and high court but did not get as that time I did not get efficient advocates.

 

Warm Regards

Rishav



Learning

 7 Replies

Chenoy Ceil (Advocate)     02 July 2013

Hello,

I'm not too sure at what stage your case is presently pending. If investigation is complete and still there has been no action taken then I think you should file a Criminal Misc. Application under Section 482 Cr.P.C. for quashing of the FIR or file a Writ seeking direction upon the concerned authorities to quash the FIR.

In case investigation is not complete then you can seek Court's direction to expedite the matter. Good luck.

Rishavnath Satapathy (self employed)     03 July 2013

Thanks Chenoy,

This case can not stand in court and after that I may file defarmation case against them so they want to keep me hanging forever.

One year back I have filed RTI to inspector they replied "case is under investigation".

I have applied for quashing also high court of Karnataka directed to challenge the final report and police is

not interested to send the final report and showing reason accused absconding so they can not complete investigation. 

I know people file a writ-petition to expediate the matter,

in my case can a accused seek courts direction to expedite the matter ??

If yes which section of law will help me to do so  ?

Warm Regards

Rishav

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     03 July 2013

Dear Querist

if the Chargesheet has not filed by the police yet, the court can not interfare in the Investigation, after filing chargesheet you can file a writ before HC/SC for speedy Trial under Article 226/32 of Indian Constitution.

Rishavnath Satapathy (self employed)     03 July 2013

Thanks Nadeem,

it seems police will naver file chargesheet.

Generally within 3 month police should file charge sheet,

in my case he is not filing saying accused is absconding.

is there any procedure that accuse can use to speed up the investigation

and save himself from delayed investigation?

 

Warm Regards

Rishav

Rishavnath Satapathy (self employed)     05 July 2013

Hello Experts,

Please advice me in following situation how to get justice.

Police is not filing chargesheet as accused is absconding.

Accused did not get anticipatory bail and this is a 2.5 years old incident.

So accused will not surrender.

In such a situation is there any way to direct police to expedite the matter

or can i apply for quashing?

 

Warm Regards

Rishav

Sudhir Kumar, Advocate (Advocate)     06 July 2013

you have not given full facts.  it is not clear how the girl was associatted with you as she is in odisha and you in bengaluru.

 

on what basis the charge is there?

Rishavnath Satapathy (self employed)     06 July 2013

Hello Sudhir SIr,

During 2011 There was a marriage proposal going on with her (started form news paper add), so from that she got my personal informations.

She knew places I have travelled and meet people during that time.

Only once I met her at her work place Himachal and my father and aunt met her at Odisha,

as it is not possible for all working  people to met at once place.

When the proposal did not worked, her father feel insulted because of her daughters childish activities.

So using my personal informations and with her fathers advice she is claiming that

I raped her at Himachal and my parents are asking dowry.

There is no real facts so local police did arrest me or not taken any action and case is pending since 2011.

This is all the facts and the current situation I already explained,

Please suggest me how to expedite the case and punish real culprits.

 

Warm Regards

Rishav


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