• Accidental case

We are in problem of FIR for wrong electrical coonection but we are staying on rent in this house and there is fault in electrical coonection so one lineman was died because of this wrong electrical connection. we dont know who made this electrical conection and FIR is filled against me but actully i m innocent .polish told me that they will remove charg sheet but what is the prosedure for that and what time it will take..to windup...pls suggest me what to do.
Asked 6 years ago in Criminal Law
Religion: Hindu

5 answers received in 30 minutes.

Lawyers are available now to answer your questions.

26 Answers

facts are not sufficient to answer your query, however, from the available facts I can advise you that if during the investigation police find someone innocent then police removes his name from the charge sheet and the allegations got removed against him. 

if police assured you that they will remove your name, then let them do, don't PANIC.

if possible provide a copy of FIR to get a more clear reply.

a detailed discussion will surely fructify for you.

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

See police shall investigate the issue and present a report stating same that there is no role the name shall be removed from chargesheet and you will be free after that. This can take some time as there is no fix time for chargesheet 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1) If you're innocent than stick to your words and give statement in the police station what you know facts about the case incident.

 

2) If they find you as innocent they will release you at the same time.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

See you can also approach the high court by way of filling quashing petition if court accepts same it can quash the FIR against you.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

If FIR is registered against you people approach the jurisdictional High Court under Sec. 482 CrPC for quashing of FIR secondly since you are tenant no liability can be imposed on you for faulty connection. Also file for discharge application if chargesheet is not filed in jurisdictional court.

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

Dear Client,

File FIR quash petition in High Court. You dose not own any culpability of accidental death. Just say straight, owner only must have installed the meter/connection or it was exits even before you started living on rent. This must be in rent agreement too.

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

You first take Anticipatory bail in this case. Then police willnot arrest you.

Prashant Nayak
Advocate, Mumbai
34529 Answers
249 Consultations

Dear Sir,

Please engage a senior advocate practicing on criminal side and challenge the said FIR stating that you cannot be held responsible.  Usually the licence holder of electricity who had given connection at the time construction of house will also be held responsible.  You have no access to such connections and only line man has access to such connections as such they will held responsible.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

1) you should mention that you are mere tenant . that you have not tampered with electrical connection 

 

2) wait for police investigations to be completed and charge sheet or closure report filed 

Ajay Sethi
Advocate, Mumbai
99796 Answers
8147 Consultations

contact a local lawyer deny you  did any tampering with meter 

Ajay Sethi
Advocate, Mumbai
99796 Answers
8147 Consultations

If your name is there in the FIR then you may also file a petition in the HC for quashing of the FIR. 

Also, charge sheet is filed by the police once the investigation is completed and if they will not find any prima facie case against you then they will remove your name from the charge sheet, 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Kindly share the copy of the said FIR for a more concrete advise 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You are only a tenant you are not liable,  you should submit all facts to Investigation officer after submitting charge sheet by police you can file quash petition in high court. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Hire a lawyer,Tell the lawyer what you want them to do. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

they had to make someone liable for the accidental death, therefore they are asking you who made this connection as you are the person who was in actual possession at the time of the said accident.

 

I advise you to take services of one prudent lawyer of your area and explain the complete matter to him/her, 

 

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

Jamin is jamanat you can give amount and surety as needed for jamin. You can engage an advocate and then he can draft and file a quashing petition.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You must obtain bail 

 

quashing is to be done only in exceptional circumstances . It has to be filed in HC

 

wait for filing of charge sheet or closure report then take a call 

Ajay Sethi
Advocate, Mumbai
99796 Answers
8147 Consultations

Jasmin is surety. This is the process after bail. Any person who acts as a guarantor that you will abide by conditions of bail is surety. Quashing application is filed in high court any time

Prashant Nayak
Advocate, Mumbai
34529 Answers
249 Consultations

they might be asking for surety, what's wrong in it?

nothing,

give them a surety and approach the high court for quashing of FIR disclosing complete facts before the Court.

 

 

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

Under section 482 crpc

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

Dear Sir,

Get bail by furnishing surety.  Later leisurely apply to the high court u/s 482 Cr.P.C for quashing of FIR.  

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

The police may expect some bribe amount to remove your name from the list of accused, however it may not be possible if the FIR has been registered, hence you better obtain anticipatory bail and challenge the case in the trial proceedings.

T Kalaiselvan
Advocate, Vellore
89998 Answers
2496 Consultations

The police in their routine investigation to make the case to be presented before court in a proper manner, may be insisting to get all the details from you, thus it would be better you may cooperate with the police to avoid more troubles.

T Kalaiselvan
Advocate, Vellore
89998 Answers
2496 Consultations

yo may have to produce two sureties to get yourself enlarged on police bail. Once the charge sheet is filed you may approach high court for quashing the case, so wait until then.

T Kalaiselvan
Advocate, Vellore
89998 Answers
2496 Consultations

1. Is it that an electricity connection was illegally installed and the lineman died due to that connection? If yes, the person who installed the electricity connection is liable to be prosecuted for the offences under IPC and Electricity Act.

2. Merely because you are tenant in the premises it does not absolve you.  If and only if you had not installed the connection then you may file a petition for quashing of FIR in the High Court.

3. Consult a lawyer with a copy of FIR,

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

1.  Using the services of a local HC lawyer, file for "quashing" application in the high court, stating that you are only a Tenant and the house belongs to the land lord and that all the electrical wiring etc.... belongs to the land lord.

2.  Further it is only an "accident" and not deliberate /intentional, hence there is not much punishment for the same.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer