How to fast track B summary court case in Mumbai
I am a 42yrs old Indian business woman, i have been falsely implicated in extortion and kidnapping case and whn i submited my grevience to Comissioner of Police after a false FIR was registerd against me by bribing police , he orderd a fresh inquiry and later police submited B summary in court.
I am in business where i need to submit affidavite saying I there is no case pending against me in any court or police staion. This summary taling long time and my business is suffering , what is my status at this time when same police station who registerd false FIR agains me have submitted B summary. Can i consider my self free and give that affidavit saying there is no case against me?
With regard to above what options are available for me, as the summery in count is taking time judge asked for complainent's say and he strongly objected against this summery and submitted his objections, I am quiets confident that I can prove my innocense in court if given an opportunity. Now i am unable to continune my business and suffering financially, the rival has succeeded in damaging my business which was his intention, now how can I get releif and continue my business, I am a single parent of two minor girls I have responsibilities of my sister and mother also and I am sole earning member of my family, how I can get a chance to defend my self. or any other option available to come out of this fast, I have very little time left to submit this Affidavit of NO CASE PENDING AGAINST ME , if this license goes I will be without work for next full year.
Is there any way to get fast response from court.??
Can I get a chance to explain my situation to court and get decision fast?
Can you refer any good lawyer who can represent my case in MUMBAI , BELLARD PEER SESSION COURT. MUMBAI
Asked in Criminal Law from Mumbai, Maharashtra
1. Submission of any summary by the police does not absolve you from the crime unless and until the court accepts it and exonerates you.
2. You have to mention in the affidavit that there is a case pending against you in the court as you are still an accused.
3. If you are confident of proving your innocence in the court then expedite the case to a logical conclusion through your lawyer so that the court may set you free and you can take the liberty to mention that no case is pending against you.
4. It is surprising that the police has filed the summary in the court and you have still not engaged a lawyer. Engage a lawyer soon lest some adverse order emanates from the court.
As I answered earlier, until and unless court accepts the summary and decides that u have not committed the offence, it cannot jump the procedure which is detailed in the code. The procedure requires that the court asks for objection from the conplainant and after taking into consideration your stand, the court would decide in the end.
Engage a lawyer at the earliest. Contact the administrator of the website and hire the lawyer who are from mumbai. In your affidavit you can mention that the case is pending and mention the ongoing status as well.
B summary report is like a final report, if police did not find any credible evidence in investigation against the accused it submits B summary report. it is not a rule that it shall be accepted by the court. court has power to reject it. if court accepts it then it will acquit the accused. after acquittal case is deemed to be decided then accused can say that no case is pending against him.
there is no time frame fixed for trial. your case is still pending.
Move the high court for quashing the FIR . Be care in business. Don't think about the existing.Come out from the worry and when you got a notice or summons from the court,then appear before the court and conduct the case. IF you have more worry,restless mind then meet a good lawyer and consult with him.
I am also considering moving High Court for quashing, as here in mumbai m trying to get som high court advocate in contact, besides in next date of hearing this B summary can I submit any application providing further details of my case to court, as I O has not stated facts properly they write in Marathi, and i cant expect him anything more, i dont know if i will get a chance to put my say also.
Asked 2 years ago
1. Whether or not some details can be submitted to the court through an appropriate application can be decided only after the nature of the case is known.
2. Engage a lawyer who will do the needful.
throw out the anxiety and trust a lawyer.The court will decide the case in merit
1. Your lawyer shall have to file an application for early hearing the case duly detailing the difficulties you are facing to conduct your business for the said FIR against which B summary has already been submitted by police,
2. The Court is expected to hear your case at an earlier date.
1. Yes, even before the next date of hearing, you can submit an application for early hearing of the case ass suggested in my earlier post,
2. You can also try a quash petition before the High court based on the said B summary submitted by the police.
consult with any good lawyer, you should file objection before the court, in which your is pending, and extend it on next hearing. in meantime you should file writ or petition before high court.