• Quashing a charge sheet

1- A private person with no locus standi under the Waqf Act 1995 as well as its Amendment of 2013 has filed a civil suit for declaring a private property as a Waqf property by using a gazette notification pertaining to a different waqf property in the vicinity as if it pertains to our property and has obtained an injunction against the ongoing construction in 2013, in the I.A. which has been made absolute in 2015.
2- The same person had simultaneously filed a criminal complaint against us for the same cause of action and an FIR was issued in 2013 based on a reference by the criminal court to the police for investigation and report.
3- We defended the matter by filing necessary documents to prove that the plaintiff has no locus standi, that the Waqf tribunal has no jurisdiction, that the gazette notification pertaining to some other waqf property is being misapplied to our property, that the impugned gazette notification was issued without following due procedure as per the Waqf Act. thinking that once our property is proved not to be a waqf property, the criminal complaint would also be infructuous.
4- However it appears that while reassuring us all along that the police will report that the alleged offences have not been committed they have colluded with the complainant and have filed a charge sheet in 2015 (after a delay of more than 2 years) and have shown as if the accused were arrested and released on bail (On Muchalka) in the P.S. itself. They have even managed to show 6 hearings for Summons in the court, but we have not been served any Summons so far and the next hearing is on 18-12-2017.
My question is the course of action we should take to avoid standing trial in the criminal court, where the charges are under sections 34, 120A, section 295, section 295 A, and section 297 of India Penal Code. An urgent reply is solicited.
Asked 7 days ago in Criminal Law from Hyderabad, Telangana
Religion: Muslim
Hello,

Yes you have a case to prefer a petition under section 482 of Cr.P.C. to file a case for quashing of the charge sheet. 
It may be noted that chargesheets usually are not quashed by the HC, but since in your case there has been a delay of 2 years and that no summons were ever served upon you, you can take a chance and file the same.

Moreover, SC has held that criminal favor can not be given to a civil dispute, show in your petition that the investigating agency acted hand in gloves with the complainant.

Contact a local lawyer
Anilesh Tewari
Advocate, New Delhi
4666 Answers
61 Consultations

5.0 on 5.0

1. First file a petition under order 7 rule 11 od cpc for rejection of plaint. The civil court has no right of adjudication in waqf matters. Only the waqf board has jurisdiction.
3. On the same ground file a petition for quashing in the high court.
4. If stay is not granted by high court you must apply for anticipatory bail as after submission of charge sheet court may issue warrant of arrest if your presence is not noted. 
Devajyoti Barman
Advocate, Kolkata
10762 Answers
134 Consultations

5.0 on 5.0

Dear Client, 

Precise can be advise on perusal of documents. 
Yogendra Singh Rajawat
Advocate, Jaipur
637 Answers

4.9 on 5.0

1) quashing is to be done only in exceptional circumstances

2) if allegations made in FIR do not disclose commission of offence FIR can be quashed 

3)it is better you apply for discharge before trial court rather than filing for quashing in HC 
Ajay Sethi
Advocate, Mumbai
38779 Answers
2174 Consultations

5.0 on 5.0

Hi, what is your role in the current FIR .. Are you the accused or the complainant ..
Hemant Chaudhary
Advocate, New Delhi
1882 Answers
7 Consultations

4.9 on 5.0

1. Since charge sheet has been filed, the only option you have to take to avoid appearing before the Criminal court for trial is to file a quash petition u/s482 of Cr.P.C. before the High Court praying for quashing the FIR on the ground that the property in question is not the property you are holding and there has been a serious mistake continuoposly being made by the authorities in this regard.

2. The High Court will; hear you and also the police and other authority to submit their verson and on hearing both the parties, shall dispose the case accordingly.
Krishna Kishore Ganguly
Advocate, Kolkata
16103 Answers
389 Consultations

5.0 on 5.0

1) Whether you have filed any Civil miscellaneous appeal against the order in IA and what is the status of the suit as on date.

2) When the complaint is filed and referred through the Hon'ble court and FIR, then they may arrest you and produce you before court.  If you have not attended the court nor received any summons from court then, you have to put forth the same before court and also file writ petition before Hon'ble High Court to quash the FIR as without giving any summons and notice charge sheet is filed   
Vijay Jogle
Advocate, Hyderabad
13 Answers

Not rated

Quashing of FIR and chargesheet is done by filing application under section 482 of cr pc 

2) as mentioned earlier quashing is to be done only in exceptional circumstances 

3) HC may direct you to face trial to prove your innocence before trial court 

4) better option is to apply for discharge before trial court 
Ajay Sethi
Advocate, Mumbai
38779 Answers
2174 Consultations

5.0 on 5.0

Chargesheet will not be quashed on the ground that summon was not served, if 41 A Notice was served then police has performed their duty.

It will be quashed on the ground as mentioned earlier?

And writ of mandamus will not be issued in this case, you have been wrongly advised. An application under sec 482 of cr p c will be filed.

Regards 
Anilesh Tewari
Advocate, New Delhi
4666 Answers
61 Consultations

5.0 on 5.0

1. The purpose of your filing the Writ Petition before the High Court is to get the FIR filed against you quashed which can be done by pointing out the loopholes detected in the charge sheet filed by the police.

2. Writ Petition is not filed for pointing out the procedural  mistake of the trail court which shall have to be raised at the trial court only while attending the hearing on the next day.

3. Once you could get the FIR quashed u/s482 of Cr.P.C., it also will have adverse impact on the suit filed by the applicant being the said private person.
Krishna Kishore Ganguly
Advocate, Kolkata
16103 Answers
389 Consultations

5.0 on 5.0

Since the police have submitted the charge sheet before court, you can do nothing about it at this stage, 

You have to challenge the case in trial proceedings in court 

You have merits in your side, you may even file a discharge petition on the basis of the documentary evidences in the same court or a quash petition before the high court
T Kalaiselvan
Advocate, Vellore
28780 Answers
299 Consultations

5.0 on 5.0

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