Sir,I am suspended police in sangali.In 2014 ACB traped me.crime registered is ACB law section 7,12,13(1),13(2)
According to ACB complainant had come to ACB office same day I trappedto lodge complaint. But in another crime mobile location of complainant have been received. I have received that location copy from court. By seeing that copy it seems that complainant never went to ACB to lodge complaint against me.on next day ACB called the complainant to ACB office and took complaint.I asked complainant about it later he told me that he did not go to ACB office that day but next he went to ACB office.complainant also ready to help me.On this ground whether FIR can be Quashed.please help.
Asked 3 years ago in Criminal Law from sangali, Maharashtra
If I go to high court for quashing FIR how much time it will take?
Asked 3 years ago
1. Unless great perversity in lodging complaint is there the same is not enough to quash the proceedings.
2. If the complainant is serious in helping you then he can inform court that complaint was lodged by him under coercion.
3. Quashing proceedings take time depending upon the court. In general it takes around 6 months time.
1. If the location of the complainant was not in the ACB office on that particular day the case against you has no legs to stand on.
2. Do not rely on the complainant. You should build your case independent of any help from the complainant.
3. You may move the HC for quashing of the case.
4. It may take anywhere between 8 months to a year.
Generally the high court will refuse to quash the FIR on such flimsy grounds. Just because the mobile location was not within the limit that day, it cannot be assumed as an alibi or an excuse that the complainant might not have been available here on that day, you should have some concrete evidences to prove that the complainant did not lodge the complaint with ACB in its office that day. Will the complainant support you as evidence from your side during the quash petition hearing stating that he did not give a complaint at all? Further this issue can be highlights along with other irregularities observed in the charge sheet/investigation report so it would be better to go for quashing of charge sheet, or if you strongly believe that the complaint cannot sustain then you may decide to face the case and challenge it in trial court. Think before you leap.
1. Thgis is one valid point for you to quash the complaint,
2. However, other evidence in connection with the crime will be examined by the Court since prosecution lawyer will try to emphasis on the same,
3.Please also keep in mind that if the Court finds that the complainant has joined the accused, it may form adverse opinion,
4. So, at cautiously.
1. It will take around two to three hearings after being listed,
2. The time to be listed depends on the loan on the Court and your advocates peesuasive skill before the Court.
When the complainant is ready to support you then you should wait till the starting of trial and when the complainant got hostile then you will also get an acquittal order with all the benefits.
Quashing will not be good option.
Advocate, New Delhi