Charge sheeted u/s 420 & 120B - How to get fast remedy
Seventeen years ago, when I was working as a Sales Officer in a colliery, Police registered an FIR against me on the basis of my signatures on the gate passes seized from some trucks, apprehended 90 km away from my place of posting, allegedly carrying coal of quality higher than the sale order. The important points to be noted are:-
1. Coal is delivered F.O.R/ F.O.B. colliery and no responsibility rest with the management once the trucks leave the colliery exit point with valid gate pass.
2. The trucks had crossed 4 Police Stations on their way and the informer, who wanted to implicate me in a false case, preferred a PS under his influence, 90 km away and 12 hours after the exit of trucks.
3. Police got samples of coal seized from the trucks analyzed in a state govt. laboratory. The results showed the coal to be of such higher quality that was not even available in that colliery!
4. A list of around 40 witnesses have been produced by the police, 33 of which are only such persons from whom seizure was made, e.g., Drivers, Helpers etc.
5. The case is transferred from one court to other of a Judicial Magistrate during the last 15 years. The charge sheet was filed only 5 years back u/s 420 & 120B. I have faced several transfers during these years. The State has been able to produce hardly 10 witnesses so far- all of whom have turned hostile. This, even after issuing summons through SP.
6. I am required to be present during every hearing fixed at 20 to 30 days'intervals. Even the Magistrates have agreed that it seems to be a false and fabricated case, but none of them have closed nor tried to see a logical end. Every Magistrate, over the years, nave promised that after 7 or 8 hearing, if no witness tuns up, he/ she would close the case. But by that time either he/ she gets transferred or the case is transferred to some other Magistrate.
7. My son is mentally retarded and is dependent upon me for his daily chores.Under the circumstances, I am finding it increasingly difficult, expensive and time consuming to attend court regularly, undertaking overnight train journeys. Even my applications for exemption from personal appearance have been turned down several no. of times.
Kindly advice me some remedy to expedite the case!
Asked 10 years ago in Criminal Law