• Police trying to close the case as compoundable offence through lok adalat

Aged 35 from chennai 2017 june five henchman kidnapped and injured me badly with the advice of my family members with help of local henchman hatched a plan in the intention to upsurb my property purchased in my name by my late father by framing me has an lunatic person and to destroy my legal rights, they are fabricating evidence that iam unsound and confined me forcefully in a de addiction centre which is run by henchman and some how i got freedom from the captivity by my well wishers and filled a complaint, but police having hand in glouse with local Henchmen not showing interest to file FIR some how i got the media intervention with no choice left police agreed to file an police version Fir the Fir is registered in the name two of my family members with information sequence created by police and got arrested, police made an fir named two of my family members and reluctant in including the name of the other henchman's in the Fir who is also included in the crime ,police is very careful in drafting the fir that it should be quashed easily in the ground of law with no option left i signed the police version Fir and submitted petition in high court for direction seeking police to alter for implicating few IPC sections and to include persons in Fir, accepting my prayer high court directs police to investigate and to submit final report in six weeks time in between the time the accused with help of police obtained the fir quash order from the same judge with out informing me saying no appearance by me,i took this matter to the new advocate and to the same judge that i have not informed or called for quash proceeding,accepting my prayer judge issued a docket order for the case saying recalled,and the judge got transferred,the new judge ordered for investigation monitored by AC police,with no time limit mentioned,and if the complaint is not true in nature the action should be dropped and petition stands closed the complaint is true file the take necessary action date 20/7/18,today 28/2/19 til now the order passed seven months back the AC police is not giving proper response I made an application through RTI about the status of the case ther is no reply and i made a First RTI appeal to city police commissioner ,the commission wrote a letter to Ac to send the detail to me and a copy to him but 20 days over from first appeal i have not received RTI information so far,and i had given a written complaint to JC police the JC ordered for information on the court order and the status of the case I came to know now the AC policeis planning now to take this case to lokadalat saying it as an long pending case filed by one of the family member with compoundable offence in nature and trying close the case without informing me by manuplating things and not giving chance for me to further appeal by using the loopholes of lok adalat law that the parties or not happy with the award by lok adalat cannot appeal against the award what to do now pls help me?
Asked 1 year ago in Criminal Law
Religion: Hindu

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7 Answers

you can stand and object, saying you do not consent and do not want to compound. there  is no compounding being done.  it cannot be compounded by force and if the sections applied are non compoundable, it cannot  be compounded without the intervention  of the High Court. you have not mentioned the sections under which FIR is lodged. primarily if the sections are non compoundable, it cannot be sent to lok adalat. 

Devendra Singh
Advocate, Mumbai
29 Answers

4.3 on 5.0

Hello,

You an application for further direction in the writ petition that was decided by the HC and ask for a direction that the investigation be done by some third party since the police officials are not doing free and fair investigation. You may also file a fresh writ petition with the same prayer. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
17778 Answers
296 Consultations

5.0 on 5.0

Too lengthy query.

Sad to note that despite engaging a counsel you didn't get remedy.

I have to understand by going through the FIR and orders passed by the court.

Plan to meet me.

I am available to take calls after 14.30hrs daily. 

My number is available in google .

Regards 

G.Rajaganapathy 

Lawyer

High Court of Madras 

 

Rajaganapathy Ganesan
Advocate, Chennai
1747 Answers
8 Consultations

4.9 on 5.0

You need to file a writ petition as there is no appeal from Lok Adalat

Prashant Nayak
Advocate, Mumbai
20464 Answers
38 Consultations

4.4 on 5.0

1) The Legal Services Authorities Act, 1987, says, "Every award made by a Lok Adalat shall be final and binding on all the parties to the dispute, and no appeal shall lie to any court against the award."

 

2) There is no restriction on the power of the Lok Adalat to pass an award based on the compromise arrived at between the parties in respect of cases referred to by various courts (both civil and criminal), tribunals, family courts, rent control courts, Consumer Redressal Forum, Motor Accidents Claims Tribunal and other forums of similar nature."

 

3) you can file writ in the HC against award of Lok adalat 

Ajay Sethi
Advocate, Mumbai
76816 Answers
4609 Consultations

5.0 on 5.0

1) According to a court case, RTI applicants can directly approach the SIC or CIC, as in case maybe, and lodge a complaint if they do not get a response from the PIO within 30 days. 

2) Though decision of lok adalat is final and binding upon the parties to the dispute/case, but Lok adalat's decision is also challengable, but only on the ground of 'fraud' . On the other hand, award of a 'Permanent lok adalat' can be challenged by way of Writ petition before concerned high court.

Mohammed Mujeeb
Advocate, Hyderabad
17217 Answers
11 Consultations

4.5 on 5.0

You will be summoned by lok adalat for inquiry and asked to sign a compromise, you can refuse to sign and even refuse to accept the lok adlat mediation and inform the lok adalat to revert the matter to regular court where you can explain the circumstances and seek justice.

T Kalaiselvan
Advocate, Vellore
66814 Answers
882 Consultations

5.0 on 5.0

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