Legal Question in Criminal Law in India

Police has registerd an falsleFIR under section 420 against me in 10.08.2010.

i got bail in 14.10.2010. from the high court,

after two days i have filed quash pettion against the FIR in the high court under section 482. Also mislaneous MP-1 petion for stay.

till (30.03.2012) date police and the defacto complainnet has not replied or respondet to the high court pettion,

in the mean time court has asked us to file impleading pettion to include the compalinenet as defacto compalinent.

as respondent no:2 through MP-2 pettion by us. in reply that the R-2 has come up with appointing a lawer for them,

after that till now no responce or reply from the both the R-1 And R-2. so that i checked in the high court record shows in enquriy,notice of motion on december 14th 201o. happend in high court. but after that till (30.03.2012) now that the case has not taken in high court for hearing from the december 2010. to till date.(30.03.2012)

my question is what does it mean by notice of motion?.

in the mean time now the police have filed charge sheet against me in criminal court by adding one more section 406 and 420.ipc. in criminal District Court (judisial majistrate JM), India under section 420/406. on behalf of the Client register FIR Against me for cheating of money,

Also kindly please note that it took 190 days to file a case from FIR Date in the court.

till now (30.03.2012) the trial of the case is not started.i mean the quetioning the accusest and witness is not started.

now i learnt that the charge sheet is not making out a prima facie case,

now at this stage what i have to do please give me the proper guidence to proceed.

also the defacto compalintenet is now (07.03.2012) filing one more pettion in highcourt to get GENERAL DIRECTION for SPEEDY TRIAL of his case which is filled in lower court. trhough his council at highcourt as crl op. through 482 crpc.

my big doubt and query, is how come this is also possible

1. since the FIR quash pettion is pending at same highcourt. for a period of approxmately around 450 days from the date it is filed.

2. also without responding to the quash pettion, with the same counselor (advocate) the defacto compalinent can file or ask this GENERAL DIRECTION pettion for a speedy trial from the smae high court or what.

simply (here simply stand to ask since the same counselor is appealing for both pettion in high court for the defacto complainnet side)

by avoiding another one major pettion which is QUASH of FIR and CASE Also for STAY pettion which has to be responded properly from the defacto complainent sidee and the police side ,through there counsleor (advocates) which is already pending for a long (450 days from the date of filing) period in the same highcourt.

also my question is if in my case quash pettion is pending in higcourt for the particular FIR registerd by the police,still that the police can file charge sheet against me in the criminal court under what?

ok now they have filed but trial of the same is not initiated so for till date (30.03.2012) (date of filing is 24th march 2011).

also still can i file pettion to quash the charge (i mean the case what they have filed in lower court against me ) sheet or stay pettion also in high court or what? for all this issues.

what is mean by filing writt pettion in high court.

becasue of this long pending issues my life it self is in tragedy for the past two years.

2 Answers from Attorneys

Related Questions & Answers

More Criminal Law questions and answers in India

Looking for something else?