Can we quash this baseless FIR?
Ours is a coaching Institute in Pune, run by an Educational Society (Regd.) in AP. On 14th January,2015,some competitors made a phone call to the concerned PS stating that fake certificates are being sold illegally in our institute. Sub Inspector received that call by 10 pm, went to our institute by 10.20 pm. He took all the files of students in to his hand. The original certificates, which are submitted by the students for various attestations and for joining in higher courses and the certificates received from the universities on behalf of some students applied for the same, through our Institute are seized by him, without any enquiry. Office is locked illegally. My manager was taken into custody. Just within 15 minutes, he did all these by 10.30pm. He made an FIR under cheating, forgery i.e., sections 420,467,468,471-IPC and made our manager as A1 and arrested him. Then A1 got released by bail.
My brother was the founder-secretary of the parent Society (Regd.) in 1992, but he left the same society in 2012, before started admissions at pune branch. Police got a paper of Society members list of 1992, on the basis of that, unfortunately, my brother’s name is also incorporated in the said FIR as Accused No.2, hence, now he is trying for Anticipatory bail.
Here, no complaint, no complainant, no victim, no informant, no specific allegation except here-say information from an unknown phone call of the competitors.
No proof of any offence is established in FIR as no single fake marks card/blank certificate/scanner/ printer/ university stamp/etc is seized. Even, the unknown phone call didn’t reveal any of the names appeared in the FIR. But FIR states that my brother’s name is quoted by A1 as the owner of the Institute, but it is false. No cheating is reported by any aggrieved party. Can we quash this fake FIR??
SRAVAN
Asked 10 years ago in Criminal Law
Religion: Hindu
Here: 1) an unknown phone call made these alleged allegations 2) the Sub Inspector, on duty, has recorded the information. Then who is COMPLAINANT? (1) or (2) ?
Asked 10 years ago
As held by supreme court in various judgments, in FIR itself the ingredients of the offence must be established against the accused. Possessing various certificates of different Universities alone can not make out an offence against an educational consultant, unless a proof of forgery is seized or said. Hence, the FIR can be quashed out. Am I right Sir??
Asked 10 years ago
Quashing FIR is nothing but to assess if prima facie offence is established in the complaint/FIR itself against accused or not. Here, as per the telephone information, the allegation is: "there were some fabricated certificates / marks cards of different Universities are being sold".
The Police officer raided the institute and "seized certain original certificates of various Universities" but all these documents are fully contented with the student details and properly signed and stamped by the authorities, and there is no blank marks card/ certificate/scanner/ printer/ university stamp/ seal/signature stamp etc is seized, as such no proof of fabrication/forgery is adduced as per the description of the FIR.
No seller or no purchaser was caught in the scene of offence. No money in connection with such sale consideration is also found. Therefore, the basic evidences have not been adduced in the FIR to prove the alleged offences. Then why can't it be quashed??
Some friends are in the opinion, that the genuineness of the seized documents could be proved / failed in the investigation before filing charge sheet and which could be judged in the trial at lower courts.
But, I heard, in a judgment, Supreme court held in some cases that "the existence of the FIR with the contents of alleged offences explained along with the evidences adduced therein alone has to be examined in a quash petition but not the other elements which were adduced in further investigation, that has to be examined by a trial court after charge sheet (an advocate friend told this).
In these circumstances, can we go for a quash petition under sec.482?? (Kindly advise us with proper reliance of good citations)
Asked 10 years ago
