Discharge from the criminal charges
My neighbor who is an ex-police official (ex Asst.Commissioner of Police - Crime Against Women) has made illegal constructions in his flat. We filed a Civil Suit & it ended as a Lok Adalat Decree. He has agreed to demolish the illegal constructions.
One month before the Judgement, he has filed an FIR against my husband under Sections 354 (c), 354 (d) and 506, 509. We came to know about the FIR, only when the authorities came for the demolition.
We filed an application for quashing of the FIR and explained the whole situation in the High Court. But, the Judge advised us withdraw the petition and state the same thing in the lower court during the trail and ask for discharge from the case. So, our petition was dismissed as withdrawn. Since the demolition did not take place, we filed an Execution and the Contempt Petition which is still pending for trail.
The charge sheet was filed after 21 months and our lawyer advised us to move the High Court onceagain. But the Judge at the High Court initially agreed to send the notice to the complainant but later when the PP pointed out the earlier order from High Court, he advised us to take it up during the trial and dismissed our application.
The the important points:
1. Though in the FIR, allegations were made on my husband, the ex-ACP did not made a PCR call to the 100 Number for immediate action.
2. The ex-police official himself is incharge for the Security Cameras in the colony and all the cameras were working at the date mentioned in the FIR.
3. No video footage from the colony was not presented alongwith the charge sheet by the IO..
4. The complainant has given statement under Section 164. Other than this, no other evidence is presented in the charge sheet.
5. Two more families who have been affected due to their illegal constructions (the Court has ordered the demolition of their structures as well due to structural safety reasons) have given the statement under Section 161 to the police but these statements does not talk about the incident reported in the FIR. Their statements were more of creating nuisance, standing in the balcony without wearing the shirt etc.
Being an ex-ACP CAW, he knew the procedures to be followed when any one makes a compliant but none were followed - the apparent reason was that there was no such incident happened.
On the date of the complaint, my husband was in a mandir (we have the pooja receipts etc) but not exactly at the time reported.
1. 21 months delay in filing the charge sheet
2. No video footage was presented by the police.
3. The families who gave 161 statement were affected parties due to demolition.
4. The Exe.petition and contempt is still under trail.
5. The ex ACP was suspended 3 times during his service period.
6. We are living in the colony 20 yrs and no complaint till date.
Is it a fit case for discharge?
Any citation can be quoted for the discharge?
How to avoid the prolonged trail?
Asked 4 years ago in Criminal Law