Sir , it has been over two years , and the police has failed to complete the investigation and collect material evidence .. It is advisable to file for quashing of FIR in high court ..
False sexual harassment case
Hi I have been suffering against a false sexual harassment case filled by my colleague. My co conducted an investigation and after checking the cctv footage and speaking to the eye witnesses they founded that I'm Innocent. But that lady was not happy and she filled an FIR after she left the co in Sep 2015. Since then I have been appearing the court for every hearing and she is not attended even a single hearing. Police has not submitted the charge sheet till today in spite of handing over all evidences. Recently investigating officer called me asked for that lady's contact number and he told me that she is not reachable on her communication address nor phone. This is affecting my job opportunities, Please help me, how can I close this case.
Asked 7 years ago in Criminal Law
Religion: Muslim
17 Answers
Hi
As per your description it's been a long side and prosecutrix herself is not reachable .
It is advisable to you to file for FIR quash in High Court and the chances for quash of FIR are much high in your case.
Thank You
Respected sir...
You have to face this for a short period of time and that if there will not be any evidence against you and she also not come to court court will pass ex party order in your favour but sir you have to face this judicial proceedings ..No need to worry as you have not done any wrong court will surelly give descion in your favour...Sir you have also to mention the section which court charge you under ...After that we can help you and tell you future legal proceedings...
Thanku
1. Develop rapport with the IO of police and arrange to get the charge sheet submitted keeping lots of loop holes or submit the final report bringing no charge against you.
2. If charge sheet is filed, you should file a petition before the High court for quashing tyhe FIR pointing out the loopholes in the Charge Sheet.
3. You can also use the report of the internal enquiry conducted by your Company against the said complaint while praying for quashing the FIR.
It is gorss inaction on the aprt of the police of not submitting the cahrge sheet.
If you are in regular bail then there is no need to attend the court on each and every date.
For such a long delay in submitting the charge sheet you can file writ petition in the high court.
If lady is not cooperating with investigations and police do not find any evidence against you Police can submit closure report
2) you can file for quashing of FIR in HC
3) rely upon company report exonerating you statement of witnesses and CCTV footage
case cannot be closed at this stage. you can file exemption for ur personal appearance at this stage. bcz challlan not put up till today
Hi
Best option available for you is file an application before High Court for Quash of the FIR by submitting all the relevant evidence and status of your proceedings going on in trial court.
Bring the point to the knowledge of the Trial Court about non filing of charge sheet through your Advocate.
Do not touch the ego of the Police. Check for the status of Charge Sheet frequently.
It is their duty to obtain information details of defacto complainant you need not furnish any information avoid them diplomatically.
Good Luck.
pursue the police to file B Report considering all the witnesses and the footage's.
Or let the police to file charge sheet and on commencements of trial you can prove your case by tendering witness and cc tv footage.
Or in any stage if the complainant gives a statement before the Honourable court to withdrawing the complaint the court will drop the case.
Challenge the FIR in the High Court in a writ petition under Article 226 and seek quashing of the FIR lodged against you.
Persuade the IO to file a closure report in the case.
When charge sheet is not filed in the court than what u doing in the court, ?
On the basis of CCTV footage, polio may file closer report as no offense made out.
The charges you are facing is cognizable offence. IO can take maximum 3 years time to file charge sheet. ( As per, CrPC Sec.468 and Sec.167 ) .
Your lawyer can approach IO and PP to file closure 'B' report ( which is filed due to false allegation ) with jurisdictional court to close the case.
Or You may quash the FIR by approaching high court.
In the given condition you can either apply for discharge from the case or quashing of the FIR.
Hello,
Immediately file a petition for quashing of the FIR in the High Court and you will definitely get the relief. You will have to seek the writ of certiorari for getting the FIR quashed.
Contact a local lawyer..
Regards
You can file application for quashing of FIR u/s 482 before Highcourt stating all circumstances and valid legal arguments and evidences. Specially pressing up on that Challan has not been presented yet.Court will decide on merits.
Since there is an inordinate delay in filing the charge sheet, you may file a quash petition seeking to quash the FIR on the basis of evidences and merits i your side and also can have seek to dispense with the personal appearance before the court owing to your employment reasons
She being a defacto complainant, need not appear in the court until she is summoned to depose evidence from prosecution side.
You need not answer to the IO's call for notifying her address or phone, let them do their job.
Please note if charge is not framed ask your lawyer to file discharge application and to argue in that case properly ....
