No you cannot give affidavit only on the basis of the summary submitted in the court. The court must acknowledge the summary and state that no case is made out against you or is pending against you. You may mention in the affidavit the true facts stating that the police has given you a clean chit, etc.
Status of accused when B summary is submitted in court
I am a 42yrs old Indian business woman, i have been falsely implicated in extortion and kidnapping case and whn i submited my grevience to Comissioner of Police after a false FIR was registerd against me by bribing police , he orderd a fresh inquiry and later police submited B summary in court. I am in business where i need to submit affidavite saying I there is no case pending against me in any court or police staion. This summary taling long time and my business is suffering , what is my status at this time when same police station who registerd false FIR agains me have submitted B summary. Can i consider my self free and give that afficdavit saying there is no case against me?
Asked 10 years ago in Criminal Law
Religion: Muslim
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With regard to above what options are available for me, as the summery in count is taking time judge asked for complainent's say and he strongly objected against this summery and submitted his objections, I am quiets confident that I can prove my innocense in court if given an opportunity. Now i am unable to continune my business and suffering financially, the rival has succeeded in damaging my business which was his intention, now how can I get releif and continue my business, I am a single parent of two minor girls I have responsibilities of my sister and mother also and I am sole earning member of my family, how I can get a chance to defend my self. or any other option available to come out of this fast, I have very little time left to submit this Affidavit of NO CASE PENDING AGAINST ME , if this licese goes I will be without work for next full year.
Asked 10 years ago
1. Your status is that of an accused. As a corollary thereto, you have to mention that there is a case pending against you.
2. Submission of B summary does not absolve you from the case unless the court exonerates you.
3. You can move the High Court to quash the case against you.
1. If you are confident of proving your innocence in the court then move the High Court to expedite the case so that it reaches a logical conclusion before the date on which you are to file the affidavit.
2. There is no other legal option available to you.
1. No. You can not affirm under affidavit that there is no case pending before you,
2. The fact is that there is a case pending before you for which B summary has been submitted by the police,
3. Ask your Advocate to file an application to expedite the matter since you are required to submit the said affidavit for your business purpose and that B summary has been submitted by the police,
4. You can affirm the above statement under affidavit only after the case is dismissed in your favour.
1. You can affirn under affidavit that there is NO CASE PENDING AGAINST YOU only after the csae is dismissed in your favour,
2. File the application to expedite the matter as advised in my earlier post.