Charge sheet not raised even after 21 months of FIR
Sir, I am kumar ex- air force residing at Bangalore, a false child labour complain is lodge against me by my neighbour and ngo people as they could not succeed in property case at lower court so they want to harass me. A 12 year girl from my native has came with me in the month of 22nd Dec 2013 for their betterment as she has a habit of eating of tobacco and toxicated item. Her mother is working at my native place so as per her written request i have taken her evidence is railway ticket. After a week she start crying for going back to her native, though my wife is working in a school so she tried for the girl admission in her school evidence is school admission form, but she was not ready to stay here so finally i had a talk with her mother for taking back the girl to their place, she requested me to drop the girl. Therefore I booked the ticket for her return journey along with mine on 14 Jan 2014 it is clear evidence from the railway ticket.. Her stay in the Bangalore comes hardly for 23 days, and after booking the ticket on 14th Jan. 2014 a complaint has been lodge against me on 15th Jan. 2014 by one NGO after getting the instruction by the people who is interested in my property, and sent me to jail, where I got the bail from the court.Without enquiring the fact by the police and NGO they immediately raided my house and taken the child in their custody under the influence of my neighbour.However the police fail to consider my statement before filing the FIR, the evidence of ticket booked and letter of mother given before coming here, statement of mother is also very clear that she only sent her child to Bangalore for change of place for her betterment. Even mother statement is also recorded in the police station which shows my intention towards the child for the betterment and development and helping the mother being associated to my family for a long time.
Even after lodging the FIR 21 month over charge sheet is not yet raised and every month i have to visit the court on date please guide me what best can be done against this case and how can i escaped from this false case as all the evidence is in my favour.
Asked in Criminal Law from Bangalore, Karnataka
It is a good case for seeking quashing of the FIR, U/s 482 of the Cr.PC, before the Hon'ble High Court of Karnataka, at Bangalore.
Contact a very good criminal lawyer who can help you in this regard.
A recent judgement by High Court of Karnataka has exempted the accused from appearing before the court on each and every date of hearing. Your lawyer can represent you during your absence, the judgement has been circulated to all he courts and has been implemented.However, you may even prefer a quash petition before high court for the reasons you have given above besides, the delay in filing charge sheet. This will help for an expeditious filing of charge sheet.
1. Police has filed the case without taking the statement of the girl and her mother along with evidence on record. It demonstrates the failure of police to apply its mind to the facts of the case.
2. The chargesheet has not been filed as police knows that nothing will come out in the chargesheet.
3. You should move the High Court for the quashing of the case.
File an application before the court for status report of your case the court will issue the notice to Io to file status report and may also be directed to submit the charge sheet within the time period as directed by court.
Feel free to call
Advocate, New Delhi
only filing of admission form cannot infers that you have taken her for providing good education. All the evidence tend to show that girl had been in your custody. It is illegal to keep minor child for domestic help.
You may file a petition under section 482 crpc before the high Court for quashing the FIR. Inordinate delay in filing charge sheet is a valid ground for quashing criminal proceeding.
On the basis of the FIR, Bail and the facts of the case approach the higher court for immediate relief and instructions to the police for fast tracking the process. Your evidences seems to be strong and you should get the relief you are looking for , you need to speak to a good criminal lawyer in your court.
Sir, in this case is there any possibility for file the case of defame against them as they ignore the evidence and and misuse the time and resources of the government, and what will happen if the girl will not be able to come again as they are from Jharkhand and not having the proper address.
Asked 1 year ago
There is no question of defamation. If the witness is not appearing despite summons received by them, the court may issue witness warrant to produce them before court.
If the witness is not appearing continuously and there are no chances for the witness appearance, you may insist the court to dispense with the witness and proceed with other witnesses or can approach high court with a quash petition.
You can file a lawsuit to claim compensation on account of the loss of reputation. If the girl does not come the case will be dismissed,