Sir, In 2008 an FIR was lodged under sections of 406 and 420 falsely and without any bases. This was a cheap tactics used by the other party to humiliate my Father. My Father got an Anticipatory Bail from Patna High Court as well in 2009. In 2009, Police submitted an interim investigation report stating that the case is civil dispute and not 420/406. In Dec 2009, Police submitted their Final Report, which did not charge-sheet my Father stating that the case is completely a civil dispute or a cheque bouncing case. Can we get a judgement straight from the Court which can dispose off 420 and 406? Since 2009 till now (2016) there is nothing has moved in the court ? What is the process to be followed for Passport application ?
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1) What happened on final report being submitted by police ?
2) Has magistrate accepted the closure report?
3)?an applicant against whom a criminal case is pending, is required to obtain necessary permission from the Criminal Court wherein his case is pending and then make an application to the passport authority.
Since the final report was submitted in 2009 which gave a clean chit to your father he can now move the High Court for quashing of the criminal case filed against him. During pendency of passport application it will not be possible to obtain passport as adverse report will be sent. First get the case quashed and then apply for passport.
the final report submitted by police was rejected by Magistrate and court has taken suo-moto cognizence of the matter. Now what are the options available to us? Will we get any remedy from the High Court ?
Hi, Your father has to file a petition in the High Court for quash the proceedings in Trial Court.
the Magistrate, after report under Section 173 of the Code is submitted, is not bound to accept the opinion of the police. It is open to the Magistrate to take the view that the facts disclosed in the report do not make out an offence for taking cognizance or he may take the view that there is no sufficient evidence to justify an accused being put on trial. The Magistrate can take cognizance under Section 190(1)(c) of the Code, if he does not agree with the opinion of the police. Such provision is intended to secure that offences may not go unpunished and justice may be invoked even where persons individually aggrieved are unwilling or unable to prosecute, or the police, either wantonly or through bona fide error, fail to submit a report, setting out the facts constituting the offence. It has been further observed that if the Magistrate disagrees with the opinion of the police, he is entitled to adopt any one of the courses indicated
It is advisable to now contest the case before magistrate court on merits
Then the order taking cognizance needs to be seen before an opinion can be formed.
If the police has filed the final report and the court has accepted the final report on the basis of recommendation of police and ordered disposal of the case or dismissed, you may get a certified copy of the same and attach if necessary to the passport application wherein you might have given details of the pending criminal case.
the final report submitted by police was rejected by Magistrate and court has taken suo-moto cognizence of the matter. Now what are the options available to us? Will we get any remedy from the High Court ?
If the court has taken cognizance of the case suo motu after rejecting the final report of police, then you have no option than to challenge the case in trial proceedings.
If you find that grounds in the case are fabricated and false, you may move high court with a quash petition under section 482 cr.p.c.