• Reference judgement for FIR Quashing

Dear Sir/Madam,

1. Our road-to-farm(which we are using since 6-7 decades) was blocked by farm owner by erecting wire fencing.
2. We approached to Mamlatdar to help in accessing the road. After a panchnama Mamlatdar passed order saying not to obstruct our road-to-farm by any means. There was clause to challenge Deputy Collector.
3. They challenged order in Deputy Collector court.
After a panchnama Deputy Collector allowed order passed by Mamlatdar. There was no clause to challenge the order.
4. After 4 days of order we started accessing the road by removing the recently erected wire fencing.
5. They approached to Police and filed FIR against us u/s 323, 504, 506(2), 447, 427, 114. In actual apart from removing fencing everything was imaginary facts. They didn't inform Police about the Order from Mamlatdar. And from the ingredients of the application Police filed FIR.
6. Later on after 45 days they challenged the Mamlatdar/Deputy Collector order in Honourable High Court. Honourable court rejected their application saying Mamlatdar/Collector had not done anything wrong.
7. At the same time they approached to Civil Court to say there was no road exists.....the case is still pending and no judgement passed so far.
Meanwhile Police created Chargesheet of the FIR in 75 days.
8. We approached to Honourable High Court for quashing the charges against us. Honourable court stayed the criminal trial in any court and consequences of FIR and final hearing is in Dec-2017.

My humble request you to provide reference judgement in similar cases or remedy to get this FIR quashed.
Asked 7 years ago in Criminal Law
Religion: Other

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4 Answers

Sorry for the inconvenience but it is not possible for me to provide a copy of appropriate judgment without going through the content of FIR, chatgesheet and your petition filed in the High Court.

OR

You can tell me a law point in particular on which you want a judgment.

Regards

Anilesh Tewari
Advocate, New Delhi
18079 Answers
377 Consultations

5.0 on 5.0

FIR would be quashed as you were accessing road as per permission granted by authorities

2) said order had been upheld in appeal

3) judgments depend upon facts of each case

4) you don't need judgments

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. This is an open and shut case warranting no reference judgement.

2. However, it would have been ideal step for you to first hand over copy of the Dy.collector's order to the local police before using the blocked road to immunise yourself from any counter police complaint.

3. The FIR is liable to be quashed by the High Court since the complaint has no leg to stand..

4. After the said FIR is quashed, you can file a police complaint u/s 211 of IPC against the opposite party for lodging false complaint against you for causing damage to you.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

The high court has passed an order in your favor.

As a matter of fact all the courts have given verdict in your favor so far.

What is the necessity to have any such judgment t this stage when the hgh court is not going t hear anymore on this mater.

However you can get the judgments in this regard if you browse in the internet or your advocate may be of immense help to you in this regard.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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