FALSE CASE (Outraging Modesty) 509, 504,506, 354

Question

FALSE CASE (Outraging Modesty) 509, 504,506, 354

25-Sep-2023 (In Criminal Law)

False case registered against me and my Dad in June 2015. Police first informed us in Aug 2015. no statements taken. We were arrested on Aug 14th 2015. Produced in Court and given Bail after hours. 4 months later we realized charges were framed on the same day 14th Aug 2015. However our Plea was not recorded neither we were called in the witness box. Part Examination in chief of victim happened in Nov 2017 then pending for nearly over a year for want of Muddemaal. Also only in Nov 2017 a sealed envelope containing the 164 CrPc statement was opened in front of the Judge. Dec 2018 examination of victim completed. First Investigating officer cross completed. Now since last 5 dates other I/O examination and cross pending. It is false, vexatious and baseless case. If I/O does not come on next date can we move in a Writ Petition to Bombay high court ? Or can we go in WRIT for Quashing of the FIR ?

Answers (1)

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LawRato LawRato · Accepted Answer · 2019-09-26T11:19:46+05:30

if the events in your case transpired as you have narrated, there are several remedies that you can opt for a free and fair trial against you. in your case the framing of charge ok, which is the inception. of a trial, itself seems to be flawed. Further, it seems that you have not appointed any advocate for your trial before the magistrate Court. appoint an advocate and ask him to make an application for recalling of witnesses, so that they can be cross examined. the remedy for quashing of the FIR and / or proceedings is always there under section 482 of the code of criminal procedure. however, the courts are quite reluctant to exercise the power under 482 at it is such a later stage of trial.