Charge sheeted u/s 420 & 120B - How to get fast remedy
Seventeen years ago, when I was working as a Sales Officer in a colliery, Police registered an FIR against me on the basis of my signatures on the gate passes seized from some trucks, apprehended 90 km away from my place of posting, allegedly carrying coal of quality higher than the sale order. The important points to be noted are:-
1. Coal is delivered F.O.R/ F.O.B. colliery and no responsibility rest with the management once the trucks leave the colliery exit point with valid gate pass.
2. The trucks had crossed 4 Police Stations on their way and the informer, who wanted to implicate me in a false case, preferred a PS under his influence, 90 km away and 12 hours after the exit of trucks.
3. Police got samples of coal seized from the trucks analyzed in a state govt. laboratory. The results showed the coal to be of such higher quality that was not even available in that colliery!
4. A list of around 40 witnesses have been produced by the police, 33 of which are only such persons from whom seizure was made, e.g., Drivers, Helpers etc.
5. The case is transferred from one court to other of a Judicial Magistrate during the last 15 years. The charge sheet was filed only 5 years back u/s 420 & 120B. I have faced several transfers during these years. The State has been able to produce hardly 10 witnesses so far- all of whom have turned hostile. This, even after issuing summons through SP.
6. I am required to be present during every hearing fixed at 20 to 30 days'intervals. Even the Magistrates have agreed that it seems to be a false and fabricated case, but none of them have closed nor tried to see a logical end. Every Magistrate, over the years, nave promised that after 7 or 8 hearing, if no witness tuns up, he/ she would close the case. But by that time either he/ she gets transferred or the case is transferred to some other Magistrate.
7. My son is mentally retarded and is dependent upon me for his daily chores.Under the circumstances, I am finding it increasingly difficult, expensive and time consuming to attend court regularly, undertaking overnight train journeys. Even my applications for exemption from personal appearance have been turned down several no. of times.
Kindly advice me some remedy to expedite the case!
Asked in Criminal Law from Kolkata, West Bengal
It seems that Ld JM has taken cognizance of offence u/s 420/120B Ipc.Charge sheet had been filed 5 or 6 years back, though you have not received any opportunity to cross examine any witnesses,as no proper Trial being conducted till to day, Ld JM is of the view that Case is false and fabricated, as per section 200Crpc after taking cognizance Magistrate is to examine complainant, though it is not required if the complant is made by a public servant in discharge of his official duties. Under section 245 Crpc Magistrate has power to discharge an accused at any previous stage of the case I.e stage from s200 to s 204 Crpc, till the completiin of evidence of prosecution u/s 244 Crpc. You make an application for discharge before the Ld JM, reference in this rdgard may be made to decision in Ajoy Kumar Ghose vs State of Jharkhand, 2009, IV AD SC 112.
File another application u/s 205 crpc for exemption of your personal appearance.
If it is rejected then file Revision in High Court.
The High Court is likely to allow the application.
Even if it does not apply for direction of expeditious disposal of the case as a result of which it may direct the trial court to complete the trial in time bound manner generally within a year.
1. You should have already filed an application before the High Court against the rejection of your petition u/s205 of Cr.P.C. by the lower court,
2. However, file the said application before the lower court now and on being rejected, file a revisional application before the High court for exepmtion of your personal appearance,
3. Also file an application before the high Court for direction upon the lower court for expedious disposal of the said case.