What to do a case has been filled under 7 PC Act
24-Jun-2023 (In Criminal Law)
My father has been arrested while allegedly taking bribe under 7 PC Act. A search operation was also carried at my home where they seized some Passbooks, KVPs etc. CBI has already filed chargesheet 10-12 days back under section 7, 13(1)(d) and 13(2). Can they still file a Disproportionate assets case against us? If yes, till when can they do that? Also, when can we get those seized documents back? Some documents were of my grandfather also who live with us. Thanks for the help.
Sir,CBI can't filed disproportionate assest case against ur father.Regarding ur seized documents ur father will get it back after completing the case.Can u tell me whether that documents filed in the charge sheet or not.If that documents are not relevant than u can filed an application for releasing of that particulars documents.I or any one can better assist u better after seeing the charge sheet.
Yes, the CBI usually do act like this once a case has been filed under the provisions of PC act. During the investigation the CBI might have got some clues in the form of evidence which at times may create a problem for the accused and further the CBI uses those evidences in the lodging of a Disproportionate of Assets case against the accused. So for the time span you are asking there is nothing in the straight jacket form within which the CBI may implicate you of the Disproportionate Assets Case.
There are certain documents that one can get back with the permission of Hon'ble court by filing an application however that is totally up to the discretion of the Hon'ble court to allow or dismiss that particular application or else one can get the documents back on the completion of trial or when the judgement is pronounced and that to with the prior permission of the court.
There are certain documents that one can get back with the permission of Hon'ble court by filing an application however that is totally up to the discretion of the Hon'ble court to allow or dismiss that particular application or else one can get the documents back on the completion of trial or when the judgement is pronounced and that to with the prior permission of the court.
Yes, your father can still be chargesheeted for disproportionate assets case anytime subsequent to completion of the investigations. You can get the seized documents back by moving approporiate application before the concerned court, who upon calling for the status report from the invetigating officer may release the same, if not needed any further.
Dear querist, since section 7 of pc act applies to a public servant who accepts or obtains or agrees to accept or attempts to obtain feom any person, for himself or for any other person, any gratification whatever, other than legal remuneration, as a motive or reward for doing or forbearing to do any official act or for showing or forbering to show, in the exercise of his official functions, favour or disfavour to any person or for rendering ....
For this provision the maximum punishment is 5 years if the guilt is proved.
If the documents have been seized by the CBI, then it forms the part of case record and same cannot be released without the permission of the court.
In your father's case, you need to take legal opinion which is not possible without perusing the FiR/ complaint, chargesheet etc. It is advisable to have a personal meeting for the matter concerned.
Thanks & Regards.
For this provision the maximum punishment is 5 years if the guilt is proved.
If the documents have been seized by the CBI, then it forms the part of case record and same cannot be released without the permission of the court.
In your father's case, you need to take legal opinion which is not possible without perusing the FiR/ complaint, chargesheet etc. It is advisable to have a personal meeting for the matter concerned.
Thanks & Regards.
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