1) wait for filing of charge sheet
2) HC would not intervene if investigations are pending
3) then based on legal advice file for quashing of complaint in HC
FIR filed by CBI on the basis of fictitious complaint
CGI registered a case against four officers on the basis of complaint made by some people out of animosity. The complainant ( name not disclosed yet by CBI ) targeted four officers out of eight officers who finalized a process concerning payment to third party by the department where the officers were employed. Allegation in FIR are under section 120B r/w with 420 of IPC and 13(2) r/w 13(1)(d). Prima facie it appears that CBI conducted pre inquiry before lodging the case too superficially as we suspect that concerned officers of CBI were manipulated by providing misleading and distorted information. CBI alleges violation of one condition of tender by we fore officers but as a matter of fact we followed the procedure devised by the department concerned and procedure followed by us is at par and strictly in consonance with our counterparts on pan India basis in the department, There is other angle too, as the complainant says that there was gross violation while complying with certain requirement with regard to deposit of provident fund of the concerned workers employed by the third party ( Contractor ) to whom the payment was released by we four officers. Reality is that there is no complaint from the beneficiaries but complainant has always insisted that there conspiracy was hatched between four officers and the contractor. Contractor has always maintained that PF requirement was complied with by him as per EPFO provisions 1952. First a case was registered with PF department under Section 7A of EPFO act but before any order is issued by PF department, CBI has registered the case. We feel that CBI should have not registered a premature case but entire exercise was conducted in haste manipulated by the complainant who is determined to cause as much harm as possible against we four officers whereas the complainant is sympathetic with other four officers who also shared responsibility with us while processing payment to contractor. Since one year has already passed since the FIR was registered by CBI against us and it appears that investigation has already complete. The officers called from the department by CBI as witness during investigation did not question the procedure followed by us while releasing payment to the contractor. The question is: How to get rid of this traumatic situation. Can we approach the court for quashing of FIR and whether it will be legally tenable. Since there are some defects in FIR which show that there was faulty investigation by CBI before lodging FIR, the question is whether CBI will come forward and file charge sheet in the court.
Asked 7 years ago in Criminal Law
Religion: Hindu
6 Answers
Since there are certain defects in FIR and none of the officers called from the department as witness never raised any doubt or suspicion about the procedure followed by we four officers. Again the follow up question is whether CBI will file closure report in the court and what remedies will be available to us if CBI files charge sheet against us in that case whether we may file discharge application before special court before the trial proceeds.
Asked 7 years ago
if investigations reveal that no prima facie case is made out against 4 officers CBi would file closure report
2) if charge sheet is filed you are at liberty to file discharge application before special court
1. once a case is initiated the only way to get rid of is to come out acquitted.
2. So to come out acquitted you will ave face trial and defend your case successfully.
3. Do note that quashing is a rare exception and unless it is found on apparent reading of the complaint that the case is improbable or impossible ot no cognizable offence is disclosed , quashing is never allowed.
4. I find little scope in filing closure report by CBI.
5. The chance of both discharge and quashing is always very slender though there is no harm in taking the chance.
1. you can file a petition before the high court for quashing of FIR because this case has not been at FIR stage. preliminary investigation has conducted and some facts have came out. you have to prove that if all the evidence and complaint are taken into consideration no offence is made out under IPC and PC Act.
2. this right i.e. quashing is very sparingly used by the court. so you should move after consultation of a good advocate of High court.
In my opinion, it will be too early for you to discuss about the charges that have not been framed though a FIR has been registered.
The CBI has to make a thorough investigation into the alleged offences and has to file a charge sheet to this effect for which you can prefer either a quash petition before high court under section 482 cr.p.c.or can challenge the case in the trial court if the situation is in favor of you,.hence you may wait for the charge sheet to be filed or if you are very confident about the false FIR and have supporting documents to prove that this was was registered on the basis of false contents and allegations you may file a petition to quash the FIR.
Again the follow up question is whether CBI will file closure report in the court and what remedies will be available to us if CBI files charge sheet against us in that case whether we may file discharge application before special court before the trial proceeds.
You have options: you can file a discharge petition before the trial court before the trial begins or
you may file a quash petition before high court to quash the charge sheet or
to challenge the case by facing trial on the basis of documentary evidences in your favor and witnesses supporting your side.