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 [deleted].
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 6 years ago in Criminal Law
Dear Mr. Vijay Jogle, Advocate Hyderabad.
Thanks for your reply.Can you call me tomorrow on [deleted] or write to me on my gmail account; [deleted]?
1-W e have not filed any Civil Miscellaneous appeal against the order on IA.
2- The main suit O.S. 114 of 2013 on the file of Hon'ble A.P. State Waqf Tribunal is nder Trial, and the counsel for applicant is being marked as absent for the last 5-6 hearings, next hearing is in Feb. 2018.
3- The private criminal complaint was filed on [deleted] by the same person who has filed the O.S. 114 of 2013 in the Hon'ble A.P. State Waqf Tribunal. It was referred to P.S. Malakpet on [deleted]. The FIR was registered soon after. A notice U/s 41 (A) Cr. P.C. DTD. [deleted] was served on all the accused, requiring us to appear before the investigation officer N. Ranjith Kumar and clarify the allegations against us. We appeared in the P.S. before the said I.O. within the time specified in the notice and clarified the allegations not only verbally but in writing with a number of documents and photographs that the allegations were absolutely false, frivolous and un sustainable. Thereafter we were allowed to go home without any arrest or restraint. And the I.O.reassured us that he is aware that it is a false case and he will report to the court accordingly. Until the end of 2016, we kept checking with the court of the 7th. Addl. Chief Metropolitan Magistrate whether any report was filed by the P.S. Malakpet and there was no report. However in Nov. 2017, I inquired at the P.S. to expedite the report in order to close the case then I was told by the S.H.O. that they had already filed a charge sheet against us. The through online checking in the office of a lawyer I found that there have already been 6 hearings for summons and the next hearing is on [deleted]. None of us has attended the court so far nor received any summons from court.
Do we have to put forth these facts before the Hon'ble High Court while filing a Writ of Mandamus Petition before the Hon'ble High Court to quash the FIR or the Charge Sheet?
Do you mean to say that the Hon'ble High Court will quash the FIR since the Charge Sheet is filed by the Police without any court summons? Although a notice U/s 41 (A) Cr. P.C. DTD. [deleted] was served on us.
Asked 6 years ago