ACB trapped case can I go for quash
Sir, iam an suspended deputy tahsildar trapped to ACB dt 18.08.2014.along with me two more people are there in the same case.my case is one of the dealer of our mandal got suspended with his irregularities.case is as follows.
we have receeived a complaint regarding him dt 10.06.2014 from his villagers for his irregularities.i have forwarded it for enquiry to revenue inspector(R.I).R.I went for enquiry and prepared report on him.Based on her report I have prepared letter for higher official recommended for suitable action which was signed by M.R.O and sent on dt 20.07.2014.The dealer got suspended on dt 28.07.2014 and proceedings handed over by R.I. to the dealer dt 30.07.2014.
and again he appealed to joint collector on dt 02.08.2014 and also appealed for stay order in high court of andhra pradesh.he received stay order on dt 12.08.2014.after this he approached ACB on 17.08.2014 and given complaint as we are asking for bribe for not sending the report to higher officials.and also if he bribe us we will handover the compliant and report wont be sent to higher officials.
ACB trapped us on 18.08.2014.when ACB trapped money was found at R.I. and when thwy enquired her she told like money has to be distribute to me and V.R.O ofthat village.till now we are not reinstated for the job also.I have gathered all the proofs which shows iam an innocent from the case.please let me know can I go for quash?quash can be appealed before charge sheet filing or after charge sheet filed?Do am I eligible for quash?please advice if not quash what can I do.guide and help from this case
Thanks and regards
Asked 11 months ago in Criminal Law from Kurnool, Andhra Pradesh
1) if the allegations made in FIR denote commission of offence HC will not quash complaint filed against you
2) wait for filing of charge sheet then take a call
Quashing is rarely allowed and hence exception. Do remember that in quashing no mini trial happens and hence no proof of your innocence will be considered.
Only if there is apparent mistake which makes the case highly improbable the case for quashing allowed.
Anyway you may try your luck as atleat the court would direct speedy trial of case.
Quash Petition can be filed either before the charge sheet or after the charge sheet is filed by the police in the court.
If you have some evidence to show your innocence you should definitely file a petition under 482 Cr.P.C before the High court. By filing the quash petition you will not lose anything other than your legal fee.
In this matter once the trial start it may not be necessarily possible to bring all your evidence on record effectively as the interested parties may be doing their bit.
Supposing that the charge sheet has not been filed by the police, you should wait some more time as it is a case of corruption allegation High court will be insisting on police report. So once the charge sheet is filed , the police would not defend on the quash petition on the basis of the excuse of investigation and so called invisible evidence . In short what the police can say will be on record in charge sheet.
There is also a chance that before the charge sheet court can be apprehensive about your innocence., so if you move quash petition after the charge-sheet there will be more clarity.
in this particular case of yours it is advisable to file quash petition after the charge sheet.
1. In any criminal case you are at liberty to apply for quashing, which can be done before or after the filing of the chargesheet. Whether or not quashing as a legal recourse should be adopted and pursued has to be decided in the light of the peculiar facts and circumstances of the case.
2. If you have overwhelming proof, as you say, to prove that you have been framed then you may move the HC for quashing. Alternatively, you can prove your innocence in the trial court.
The question is not about the eligibility for quash. Nobody is eligible for quash, it depends on the orders passed by high court on the basis of arguments put forth by your side.
Instead of going for FIR quash, better wait for the charge sheet ot be filed and go for quash of charge sheet. Your chances are brighter in it.