Section 420 case after 34 years. Is that possible?
My father recently retired from MP education department after serving for 40 yrs as lecturer and principal at Higher Secondary school. In 1980 he provided a wrong information that made him eligible of an increment of Rs. 30/month. In 2009 when he was principal of school he suspended a 4th grade employee (A peon) on lack of discipline. That employee happened to be from SC category as well.
That peon got to know about wrong information that my father had provided and as part of revenge he started sending complaint against him to all possible authorities. To avoid any controversy, my father gave back all additonal money that he got during 32 years through that wrong information (amounting to a total of 6000 only) as part of retirement settlement. But hell-bent on revenge that peon went to JMFC and filed a private complaint which JMFC took cognizance of U/S CrPC 200 under sections 420,467,468 without any application of mind. Not only this he made my mother co-accused under all these charges.
Can somebody comment if a case can be filed for such tiny amount for a mistake which he had made 34 years ago and amount which he had returned as well? There might be some slight error of judgement on his part 34 years, but is it justified to make him run through the courts at the age of 65 when he otherwise had stellar, spot-free career? Since charges applied carries max sentence of life imprisonment, CrPC 468 doesn't help (even though there are no grounds of 467&468). Can somebody help, we are in deep trouble? This person had also tried atrocities act (SC/ST) against my father but police investigation found no truth in allegations.
Also, since this case was registered a private complaint, he would be receiving summon through police. What are chances of their arrest when he appears in JMFC court on 13th August? We are trying to get AB for them, but unlikely if it would happen before 13th of Aug.
Asked in Criminal Law from Gwalior, Madhya Pradesh
in that case firstly you should go for AB then go for further proceedings in need more clarification then contact us i will help you.
Advocate Anurag Bhatt
Allahabad High Court
1. Technically for sessions court triable case the law of limitation determined for criminal prosecution does not lie.
2. Commission of offence is matter of importance not its gravity. A theft of Rs.10 carries equal sentence when theft of crores of rupees is made.
3. Since it is a complaint case u/s 2(d) of crpc, you have nothing to worry especially when hassles of Police intervention is removed.
4. Delay in criminal always helps the accuse persons and in your case 34 years of delay is hevily tilting in your favour as far as conclusion of trial is concerned.
5.Since contents of complaint is not available with me i can not make comment on merit of quashing u/s 482 crpc which prima face seems maintainable.
Shri Devjyoti Ji, what do you mean by "not to worry about police hassles"? My parents have to appear in court on 13th Aug. Don't you think arrest is a possibility that day?
Shri, Anurag Bhatt, We have filed for AB in Gwalior HC but I am not sure if it would be decided by 13th Aug, when my father has to appear in court. Is there any wau to get bar on arrest until 438 is disposed off?
Asked 3 years ago
1. If this private complaint case u/s 200 crpc as you have mentioned here then Police is nowhere in picture and getting bail on the first date of appearance is a mere formality.
2. I am quite shocked to find that your advocate have asked you to apply for anticipatory bail u/s 438 crpc when ail on surrender in the lower court is just an empty formality.
3. In complaint case accused persons are not arrested unless they defaults to appear in court repeatedly. In that cases also generally bailable warrant is issued.
4. I believe warrant has not been issued against him due to non appearance on scheduled date. Even if it is issued the court shall grant him bail on personal presence.
It appears your case has not been properly dealt with. Contact another good criminal lawyer.
Don't worry appear in the court and take AB before that or. Take bail from the court with two solvent sureties.it won't be decided on gat day but according the evidence snd proofs submitted to defend you. You quash the same by filing a petition in the high court
On merit it appears to be a strong case. Your parents are likely to get bail when they appear on summons in magistrate's court. If you have filed AB in sesson court it should be heard without delay. High Court takes time. I go with your advocates who have advised you for AB. I have not come across case law where a magistrate is bound to admit an accused on bail in nonbailable offences when summoned in complaint case.
Advocate, New Delhi
Although two of the sections are non compoundable and non bailable you can either push through the AB as you have already moved the coutr for the same or appear before the JFMC surrender and apply for bail in the event of the AB not coming trough.It is highly un likely that there will be any delay in AB being disposed.
For your reference let me quote:section 200 of the Code of
Criminal procedure 1973, care should be taken by the Magistrates in conducting the
examination of a complainant and the witnesses present, if any, under section 200, to
makes the inquiry sufficiently full to enable him to judges whether there are any grounds
for proceedings. Before enquiring or directing an enquiry or investigation into the case
under section 202 of the Code of Criminal Procedure, 1973, or the purpose of deciding
whether or not there is sufficient ground for proceedings the Magistrate may, if he thinks
fit, postpone the issue of process against the accused and for holding or directing such
inquiry or investigation.
Hence it is safe to appear before the Magistrate and fight the case on merit as you have your facts to support you.
1. The gravity of offence of cheating does not become less due to the fact that the amount involved is paltry. There have been cases where accused persons have been held guilty and sentenced to imprisonment even though the amount was very low, and rightly so. A person who misappropriates Rs.30 is liable to be treated in the same manner as a person misappropriating Rs.30 crores. Also bear in mind that the purchasing power of Rs.30 was much more in 1980 as compared to today.
2. Your advocate is on the right track in advising you to apply for AB. The approach of your lawyer is practical as it looks beyond the theory of law. If your father appears without AB before the JMFC he may be sent to prison. If AB is not granted before the date scheduled for hearing before JMFC then your father may move to the SC.
3. After the sword of arrest hanging over the head of your father goes away he should contest the case on merits.
1. An offence is an offence punishable under law be it for Rs.10 or Rs.10,000/-
2. Similarly, if someone loots/cheats a Bank and takes away Rs.1,000/- after which returns the same after sometime, then he does not get exonerated from the charges levelled against him,
3. All the charges are non-bailable and had police filed FIR against your father, AB would have been a must for him,
4. Since it is a private complaint it is unlikely that he will be arrested on 13.8.2014. Still it is advisable to try for his AB before 13.8.2014,
5. Even if you apply for his bail on 13.8.2014, he will get it since it is a private complaint and not a police FIR.
Thanks to all the learned advocates who answered my question. Now I have more clarity on things. Though majority of respondents suggested that chances of arrest on 13/08 are very slim and that I also agree with, yet for mental peace we are trying to obtain anticipatory bail. Hurdle is my lawyers is not confident of getting CrPC 438 disposed by then in Gwalior HC. Session courts doesn't entertain AB in my area and rejected without looking in the matter. We'll not feel very confident of appearing in JMFC court on 13th. Another tricky question is since charges are triable by Court of Session, would JMFC be able to give regular bail to accused? That would mean an arrest as JMFC is not entitled to give bail to accused u/s 467/468. Can anybody please shed some light on that.
Another question I would like to know what locus standi complainant has in this case? He is not an injured party and can he file a case under CrPC 200 as complainant.
As suggested by many CrPC 482 will be next action from our side.
Thanks to everybody.
Asked 3 years ago
dear client, it is not true that bail is mere formality on your appearance in court on 1 3 Aug. plz inquire from your local lawyers what is done generally in cases of complain cases
Advocate, Greater Noida
1. In case of police complaint cases, CD (case diary) is presented in the Court and based on the CD and the bail petition, AB is granted,
2. In this case no CD will be asked, hence most likely your father will get bail,
3. Yes, for this you can file quash petition u/s482 of Cr.P.C. before the high Court.
Since sessions gas rejected e bail immediately approach to high court for bail. Try to create a impression that you are innocent and make court to look you with a compassionate manner. Try to bring the years after the incident occured.argue well with an efficient lawyer will get bail. Meanwhile file an application to quash the same in the high court