I own an apartment in Bengaluru and there are some irregularities in the project for which a few of us (8 in number) have filed a suit in the civil courts. The developer filed a fabricated PCR with the magistrate and got referral for investigation.(section 505,135A,109, 440,268,506,120B r/w 34 of IPC) The Police immediately registered a crime no and issued notices to us. The magistrate closed the case within two days saying crime no is registered by police. We applied and got an interim bail. Also we contested the crime no in the High court of Karnataka and got the Crime no quashed. The High Court made the following order: 1. Petition allowed 2. The proceeding in crime no xxx/2020 on the file of XXX , Bengaluru for the offenses punishable under xxxx in PCR no xxx/2020 is hereby quashed. 3. The matter is remitted back to the learned magistrate to consider the matter afresh and to apply his judicious mind in view of the observations made in the order and also the principles laid down in the judgement of the Hon'ble Apex court. 4. The contentions raised in this petition are kept open It's been more than six months and there is no movement on this case. This is a problem for all of us who are named in the case. My questions: A. The Crime no is quashed. The PCR was already closed when the Crime no was registered. So will it be re-opened? B. What is the time limit under which such cases have to be decided as already 7 months have passed ? C. The developer has not approached the court in the matter so what can be done to get this to conclusion ? We cannot always live under that fear after all.
A. It is a good opportunity that you people can file a discharge petition to discharge you all from the case in view of the high court quashing the FIR.
2. No time limit can be fixed on such issues due to covid-19 situation.
3. The developer has lodged the criminal complaint before police, hence it becomes police case therefore there's no necessity for the developer to attend court for hearings.
It depends on the order need to check the order for proper opinion regarding remiting back the matter again to magistrate after quashing. There is no limit as such unless mentioned in HC order.
If you need any further assistance then you can approach me through kaanoon or LinkedIn.
HC has found no merit on allegations made in FIR hence it quashed FIR
2) no time limit within which cases have to be decided
3) the case would not be reopened
Tge magistrate has to take a decision based upon the high court's observations and the apex court's decisions. He may order again to register a pcr based upon his judgment but i don't think he'll do so as the high court has already quashed it.
You should also file a fir against him.
File a complaint in the RERA tribunal.
It is not clear what is your question. If the case is closed at the level of Magistrate, against which order you went to High Court and in which matter you got interim bail. If High Court quashed the crime No. what is remitted to Magistrate for consideration afresh. If the Crime No. is quashed nothing remains for High Court to remit to Magistrate.
Dear Sir
A time limit cannot be applied, especially in the present scenario due to covid-19.
Seeing that the HC found no merit on these allegations and had them quashed, it is highly unlikely that the case would be reopened.
Thank you
A. Since , the High Court has already quashed the said Crime no. , it means the said case was not having any merit to proceed further, hence it cannot be opened .
- Further , if the High Court has quashed then remitted back the case for reopening not possible.
B. No limitation of time, specially due to Covid
C. If the said developer was not a party in this case , then he will not appear in the case which already closed.
There is some confusion so let me restate: 1. Developer registered a PCR 2. The Magistrate ordered inquiry by jurisdictional police 3. The police registered a Crime No 4. The PCR was disposed by the Magistrate saying that the police have registered a Crime No 5. We got an interim bail from the court for the Crime no 6. We obtained stay on the Crime no by the High Court 7. Bail was not executed 8. High Court quashed the Crime No and remitted the matter to Magistrate with following order: "The matter is remitted back to the learned magistrate to consider the matter afresh and to apply his judicious mind in view of the observations made in the order and also the principles laid down in the judgement of the Hon'ble Apex court. The contentions raised in this petition are kept open" Questions: i) Does this mean the PCR which is disposed has to be re-opened ? will the magistrate/registrar do it on his own or the complainant has to approach ? ii) Now 7 months have passed and there is nothing happening on that case. So how do we get this case reach to conclusion? (as it is affecting us mentally ).
- It means that the said Crime no. not quashed from the High Court , but court has stayed for further trial against the accused in that case , and the said case returned back for property investigation .
- Investigation can take time , hence no need to take this very serious as you are already on bail.
You are repeating the same question without any changes, you should have at least reproduced the actual contents of the high court orders or the referred apex court judgment in order to give a proper opinion to your question.
You do not even know that whether the FIR was quashed by the high court instead you keep stating that the crime number has been quashed.
If the FIR is quashed then you don't have any case pending agaisnt you, in that circumstances, you may have to file a discharge petition seeking to discharge you from this criminal case.
What is your advocate's opinion to this, why are you keeping silent for more than six months without taking action through your advocate on this?
Magistrate has to decide after considering HC order
wait and watch
I have understood what you want to say. My answer is the same. It cannot be reopened as it has already been quashed. The magistrate has to consider this matter afresh and pass a new order. He may dismiss tge builder's allegations or he may again ask for the registration of the fir.
But as the high court has stated that there is no merit in the case the magistrate would take that into consideration and most probably dismiss the case.
Need to go through the detailed order and it's directions
Dear Client,
1) The complainant must approach the court.
2) Pursuing the case aggressively will help.
Thank You
HI, Don't worry, the builder has to prosecute the Private Complaint. If you received any Notice from the Court then you can contest the same.
