• Follow up action to grant of Anticipatory Bail

Before I State my question,I place the following facts-
1.A case under Sec 467,468,471,420,34 IPC was lodged against the owner of a fake institution operating from my property by the POLICE,which ignored my FIR against it & didnt register it,in order to protect accused.
2.I opposed the anticipatory bail application of the accused as the respondent & the High Court directed the I.O to examine me & submit documents against it,which I had.I submitted all of them,but the IO IS REFUSING TO GIVE ME ACKNOWLEDGEMENT OF THE COPIES RECEIVED.I ve sent the same copies by mail to DCP,CP & the DGP.
3.The documents highlight a number of crimes that have NOT been mentioned in Police FIR.
4.The Police sent a report to court that the accused was not required for any further investigation by Police.Probably the accused influenced my lawyer,who also didnt present the documents against it in the court-which conclusively prove that none of the activities of the institution are licensed.
5.The Court has granted anticipatory bail to the accused now.I apprehend that in the lower court-SDJM,where the trial will begin,the Police will play foul & not send the evidence against the accused.
6.The accused may try to influence petty court officials to not send me any notice.This is REAL.
7.The ACP & the IIC are helping the accused in hushing up my complaints made to CP & the DCP.I ve not met them though,but given them complaints in writing & have those records.

Kindly advise-

1.What step will the accused likely to take now as regards the case lodged in order to escape & how do I stop that?
2.How do I make my complaints,the detailed facts & the documents reach the lower court & the Magistrate there?How do I intervene now & nail the accused?I am sure the Police will hide the documents.
3.How do I get an acknowledgement of the documents I ve submitted,that TOTALLY nail the criminal & how do I make the Police accountable?
4.The accused has committed fraud with the PH Dept,the Electricity Dept(who have also helped him),the IT dept,the AICTE,the DTE,Odisha,the Municipal Corporation(which has also helped him commit illegality),the Service tax authority,carried out clandestine industrial activity without license etc etc. Should I lodge a complaint case or file a writ petition.Which will guarantee a comprehensive enquiry,considering the fact that the Police are helping the accused.
Qstn no 2 is most imp.
Asked 7 years ago in Criminal Law
Religion: Hindu

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

17 Answers

Folowing is the answer to your queries:

A large number of cases are being filed every day by complainant, informant or even accused to seek proper, fair and effective investigation. You can also try to approach the High Court with a prayer on the similar lines and with all the relevant documents.

There is no procedure of giving acknowledgement to your submission before the police.

You can go through the following basic article on this topic:

https://www.google.co.in/amp/s/blog.ipleaders.in/cbi-central-bureau-investigation/amp/

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

1.If the bail is wrongly granted you can file petition for cancellation of bail .

2.There is no such procedure.however you can file the same for the purpose of direction of court for further investigation by police.

3. You can send my post.

4.Yes, file writ petition to cancel the licenses if those were obtained on false pretext.

I think this is fit case where CBI investigation should be allowed and to do this file writ petition agaisnt police inaction. You should get justice if all the documentary evidences are produced. Engage another lawyer for this.

Devajyoti Barman
Advocate, Kolkata
22824 Answers
488 Consultations

5.0 on 5.0

1)the accused will seek to influence filing of charge sheet by the police

2) in case watered down charge sheet is filed by the police you cna file protest petition before the magistrate and seek further investigations

3)you can apply to court that you may be permitted to engage lawyer to assist the public prosecutor

4) Section 24 is a specific provision under Chapter 2 of the Code of Criminal Procedure. Section 24 of the Code of Criminal Procedure speaks about the appointment and functions of Prosecutors. Proviso to Section 24(8) has been inserted by the Code of Criminal Procedure (Amendment) Act, 2008 (5 of 2009) with effect from 31.12.2009 which is extracted hereunder: "24(8).The Central Government or the State Government may appoint, for the purposes of any case or class of cases, a person who has been in practice as an advocate for not less than ten years as a Special Public Prosecutor: [Provided that the Court may permit the victim to engage an advocate of his choice to assist the prosecution under this sub-section.]" Section 2(q) defines "pleader" as thus:

"2(q) "pleader", when used with reference to any proceeding in any Court, means a person authorised by or under any law for the time being in force, to practise in such Court, and includes any other person appointed with the permission of the Court to act in such proceeding"

5) A reading of the said proviso under section 24(8) of the Code of Criminal Procedure would clearly show that the Court concerned can permit the victim to engage an advocate of his choice to assist the prosecution.

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

1) file complaint before the authorities against the fraudster

2) no need to file writ petition as criminal case is already pending in courts

3) you dont need to make these departments parties to the case

4) you cannot send documents directly to the magistrate

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

Writ petition will ne filed in the High Court sir alongwith the details of the FIR already filed

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

1. Once the charge sheet is filed you will come to know the charges and the documents that were relied upon against the accused.

If you find any discriminating documents or some information left out and the investigation was not carried out properly, then you may file a petition before the trial court seeking re-investigation into the matters that you rely upon by producing the documents held in your possession.

2. Read the above answer, your lawyer can file a petition under section 17398) cr.p.c. for further investigation into the matters alleged for the commission of offence.

3. Dont worry about the acknowledgment, you make sure that those documents are attached to the charge sheet or else you can produce them fro your side by a petition during trial also.

4. You can make representations to the concerned departments with the documentary evidences and send them by registered post with copies to heads of the departments also

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

Should I make all these departments parties to the case or not?In a compalint case will the same police not investigate?Can I send my documents directly to the magistrate at the lower court(SDJM)by post?

In your police complaint you can only mention the incidents and cannot make them as parties, it is for the police t look into it.

If those departments are affected then it is for them to take action agaisnt the accused and not you.

You may just represent to the authorities concerned about the cheating and fraudulent activities of the accused

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

Even in writ petition you can bring the irregularities to the limelight and seek remedial measure, especially if you are directly affected.

Hence you ascertain your position and act wisely on the issue

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

In the writ petition you can make all of the department parties to the case.

sking for CBI investigation is prudent for you.

Complaint case would be a futile exercise to say the least.

Devajyoti Barman
Advocate, Kolkata
22824 Answers
488 Consultations

5.0 on 5.0

You will file a writ petition with a prayer for third party investigation. Complaint case is no option

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Since FIR had been registered police will carry out investigations and submit charge sheet

2) if police do not carry out proper investigations , file closure report you can file protest petition before magistrate to direct police to carry out further investigations

3) no need to file writ petition

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

You can check with IO as to the filing of charge sheet

You can apply to court that you may be permitted to appoint lawyer to assist the prosecution

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

If you are the defacto complainant, you may wait for the charge sheet to be filed and see whether the police considered or placed relevance to all the documentary evidences you have submitted before police in this regard in their investigation report.

If not then you may file a petition before the trial court under section 173(8) cr.p.c. for re-investigation of the case on the basis of the evidence you have submitted, a copy of which may be submitted before court.

The court may pass orders in this regard accordingly.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

1) you obtained an order from the High Court during anticipatory bail hearing that the IO will examine you & take your documents.

2) write to the IO that since you are the original complainant and HC has directed IO to examine you and take your documents you should be furnished copy of the charge sheet

3)can obtain copy of charge sheet from court if IO refuses to cooperate

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

If you are not a defacto complainant then you have no relief.initiated by the authorities concerned only or if you feel that the authorities are very lethargic to this issue and are reluctant to take any action, then you may file a PIL before high court seeking to direct the authorities to initite proper action preventing further losses to exchequer because of the dishonesty of this accused.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

1) FIR lodged by police mentions that it is based on your complaint

2) you are the defacto complainant should be given copy of the charge sheet

3) if you are not given copy apply to court in this regard

4) you have to apply to court for appointment of lawyer to assist public prosecutor . court would grant your application under section 24 of cr pc

5) you dont need to waste money in filing writ petition for appointment of lawyer to assist PP

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

You cannot get copy of charge sheet from I O, if you need a copy you can apply for it before court.

The APP will generally not discourage the lawyer assisting prosecution. The role of the lawyer assisting prosecution is confined to just monitoring the case.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer