An false FIR under IPC 306 has been register against the landlord and his son for suicide done by the tenant. A case under IPC 420 related to property was already going on between the tenant and the landlord at the time when the tenant committed the suicide. There was no other dispute/fight/discussion between the two parties. The session court refused to grant AB and the highcourt was also not in favorable to grant AB to the first accused and the case was withdrawn before final order could be passed by the court. However when AB application for the second accused was filed the highcourt granted anticipatory bail to him and now again the AB application was filed for the first accused before the highcourt who directed to refile the same before the same judge who first heard the case. The lawyer is not very much optimistic although the complainant has given an affidavit that the FIR was filed under wrong presumption and copy of the same has been submitted to the local police station. The charge sheet has not been filed by the police till date. Can the accused file for quashing of FIR at this stage ?
Asked 7 years ago in Criminal Law
Religion: Hindu
Dear Sir,
The high court has finally rejected the AB of the first accused. Does he necessary have to face arrest. The IO says that the chargesheet is already ready. In case of arrest, normally have many days will the accused have to spend in custody/jail before normal bail can be granted by the accused. Is there any possibility that normal bail can be granted by the session court when the accused are first produced before the court as there in no directed evidence in this case. The lawyer says that there is only implied evidence of charges of harassment. Also, he is further planning to file the case for quashing of FIR as the opposite party is also ready for the same. What should be the further course of action in such situation.
regards
Asked 7 years ago