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How to deal with corruption case


29-May-2023 (In Criminal Law)
Dear team,my brother is a lecturer in a private unaided college. During term Work submission a student has lodged a false complaint against him and with acb trap got arrested and released on bail. Now even after 2 yrs have been passed,acb is not keen to put the chargesheet in court.after rti ,acb replied details can not be given under some clause . An officer verbally said that acb has sent to upper authority for sanction.even after 2 years acb has not received sanction. I do request you to guide us what can be done best to release my brother from acb case. As he an employee of a private college and does not fall under any of the public servant catagory. Please guide what can be done best to get released him asap. Thanks
Answers (2)

Answer #1
556 votes
ACB can not charge the said private college employee as it is beyond their jurisdiction. You brother can approach to file a writ petition of prohibition in the High Court under Article 226 of Indian Constitution.
Answer #2
711 votes
Hi,

There a solution to your problem. You can file a criminal application under Section 482 in Hon'ble High Court. This is apt solution to your problem as the Hon'ble Court can quash the charge sheet and release your brother from this case in a short while

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