Dear Experts,
NEW YEAR GREETINGS.
This is in continution to the subject under 'Further Investigaton' topic posted by me earlier. In that Criminal case u/s.120(b),406,417,420,468,469. in which the Complainant is a 'defacto complainant' due to defective charge sheet filed by the Police. As suggested by the Experts of LCI, the Complainant has filed a Protest Petition for further investigation. The Magistrate has ordered for summon to the Police to present for the next hearing with case file & also to the accused. Next hearing is on 8th Jan.The accused is on AB.
In next hearing is it possible to file a petition for quashing the AB? As the Complainant feels that the accused with his money power gets favour from police which is evident from following facts:
1.In the Private Complaint,Court given direction to Police (for Investigation & Report) in Dec.2013.
2. FIR filed in Feb. 2014.
3. Accused got AB in June 2014.
4. Charge Sheet (Defective) filed in Sept.2014.
5. Before filing the Private Complaint in JM Court, the Complainant filed a Police Complaint in Aug.2013 for which the Police have not taken any action but closed the file. (Complainant came to know very recently through RTI).
In view of the above, to prevent any further damage by the accused, can AB aquashing petition be filed by the Complainant during next hearing?
Thanks in advance.
Deepthisudan.