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
A lot of public authorities are involved like the IT Dept,the PH dept,the electricity dept,the service tax dept which have either assisted the culprit or have been duped by the culprit besides the bodies concerned with the education like the AICTE,the DTE etc.Should I file a complaint case petition or a writ petition at high court.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?
Asked 7 years ago
If I want to involve all the authorities in the investigation & not leave that to the discretion of the Police,then is filing a writ petition the answer or not?I should file a writ petition & not a complaint case,isnt it?
Asked 7 years ago
1.Will I get to know,when the chargesheet is filed by the Police from the Police & on the basis of what documents I ve submitted,the chargesheet has been filed?I was the respondent to the anticipatory bail application of the accused & the High Court had directed the IO to examine me & collect documents from me.Though my FIR hasnr been lodged & the Police has lodged its own FIR,the FIR lodged by the Police mentions that based on my report they have carried out the enquiry.
Now the Police will obviously try to hide things & get the job quietly done & the accused having the anticipatory bail,will try to manage the lower court officials.
Hence my primary aim is to bring my documents & my points before the lower SDJM court.Either the Police does it,which am sure it wouldnt,or I have to do it.How do I become a party to the case,and bring the matter to the notice of the court?
Asked 7 years ago
Thanks.I had given my report to IIC,but the IIC instead of lodging my FIR,instead asked the SI of Police to enquire & the SI has lodged the FIR.In the FIR,they have mentioned at the start that 'based on' my allegations they conducted an enquiry.They have lodged a case under 420,468,470,34 IPC.They have ignored my FIR,in which a number of other charges were mentioned.The crime happens from my property.So what they have effectively done is to KEEP ME OUT of the case,trying to project that I am not the victim of the offences.I got an order from the High Court during anticipatory bail hearing that the IO will examine me & take my documents.The IO is MOST HOSTILE & so are his superiors.But I ve got ALL RTI documents that the institution is a fake institution & it doesnt even have a Trade License or is registered under Shops & Commercial Activities Act.Hence I fear that the IO may water down the chargesheet,now that the accused has got anticipatory bail.
How do I ensure that I get a copy of the chargesheet.Do I have a right to demand it from the IO?The Police & the accused will try to bribe the petty court officials too to hide it.How do I get it?Only then I can ask for re-investigation.
If I file a complaint case under CrPC,will that help & will the Police case & my case get merged?My sole problem is how to bring the actual matter & the documents to the notice of the court,with a hostile police being around.Or is writ petition the solution,with the Police not having lodged my FIR?
Asked 7 years ago
Thanx.I am the original complainant,but the police has NOT registered my FIR & instead registered an FIR itself,mentioning in their FIR that their FIR is based on my complaint,while they have hidden a few offences & watered down the criminality involved.I was the respondent in the anticipatory bail petition,in which the high court asked the IO to examine me & take documents from me.
I want to know-
a)What should I do if the IO doesnt hand me a copy of chargesheet,even after I write to him?Does that mean I ve to get it from court unofficially or is there an official way?Because I fear,the IO will not produce the documents in court.
b) If I give lawyer to assist the PP & the PP refuses assistance,then what?
c)Kindly mention the merits/demerits of a complaint case here vrs a writ petition vrs appointing a lawyer to assist the PP
Asked 6 years ago