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Guest kalaiyarasu

Solution to acquittal quickly

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Guest kalaiyarasu

I am studying for government exams.results will declared in March.but criminal against me for land problem under the section of 294b,324,506ii.first victim is us.so I filed FIR earlier and then opponent also filed FIR( including me )as a counter case to get compromise. But am not in the fighting spot in that time but it is Sunday.I don't have any proof to submit. Now the problem is we get more than 4 hearings but opponent didnt get any summon from court.First we filed FIR but that is not in process.what will I do?

 

Sent from my XT1706 using RTI INDIA mobile app

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Prasad GLN

Contact Police and Prosecutor to speed up the proceeding or compromise with the parties. RTI can not do any thing to speed up judicial proceeding.

Unfortunately, in India several hundreds are languishing in jails due to those undecided court cases filed against them.

Work through mediators, first you can withdraw FIR, and your good gesture may compel them to withdraw.

IF police has interrogated and find alibi to support your contention and filed your statement, you can obtain such a copy and report facts that a criminal complaint was pending, and provide the copy of investigation in that case by police on your innocence. You can also meet SP, convince him of your innocence, explain him the harm to your career and get your name removed from Accused list, after investigation.

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Guest kalaiyarasu
Contact Police and Prosecutor to speed up the proceeding or compromise with the parties. RTI can not do any thing to speed up judicial proceeding.

Unfortunately, in India several hundreds are languishing in jails due to those undecided court cases filed against them.

Work through mediators, first you can withdraw FIR, and your good gesture may compel them to withdraw.

IF police has interrogated and find alibi to support your contention and filed your statement, you can obtain such a copy and report facts that a criminal complaint was pending, and provide the copy of investigation in that case by police on your innocence. You can also meet SP, convince him of your innocence, explain him the harm to your career and get your name removed from Accused list, after investigation.

May I file RTI to know the status of the FIR which I was given?.its the possibility to know the FIR status sooner. Because PS court police and my lawyer be lethargic in my case but I am waiting for my final results.now the trial is going on in court.now any possibility to remove my name now?

 

Sent from my XT1706 using RTI INDIA mobile app

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Guest kalaiyarasu

Because opponents set lot of demands to withdraw the case.what will I do further please explain.

 

Sent from my XT1706 using RTI INDIA mobile app

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Prasad GLN

After the case was investigated and case referred to Court, the action on the part of Police comes to an end, and they are not custodian of information. Once there is referred to Court, no one can interfere in judicial proceedings.

Members of the forum are not competent to guide on your proposed action, when opponents set lot of demands to withdraw the case.

It is left to you and a competent to Advocate as the issue is beyond ambit of RTI Act.

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Prasad GLN

This is what SC has stated to day.

 

Murali Krishnan February 5, 2018 Litigation News, News

"Law will take its own course, who are you to interfere?" SC to Khap Panchayats

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Sunil Ahya

Yes you can file a RTI application with the Public Information Officer (PIO) of the concerned Police Station and seek information on the action taken on your FIR.

 

Please refer to the draft RTI application on the following link (kindly tone down the language of the draft RTI application to suit your purpose):

 

Draft RTI for Action Taken Report

 

Kindly add the following postscript at the bottom end of your RTI application.

 

Post Script:

 

 

  1. I would hereby like to draw your kind attention to the recent decision of Hon’ble Supreme Court in Transferred Case (Civil) No. 97 of 2015 (Arising out of Transfer Petition (Civil) No. 716 of 2012) in National Bank for Agriculture and Rural Development v/s. Sanjay SitaramKurhade, wherein the Hon’ble Supreme Court has upheld the reasoning given in the CIC Decision No. CIC/SG/A/2011/002405/16514, the relevant extract of which has been quoted below for your immediate reference and perusal:

 

Quote:

“The PIO has denied the information simply on the claim that such disclosure would impede the process of investigation or apprehension or prosecution of offenders. However, he has failed to explain how such disclosure would actually be an impediment to the process of investigation or apprehension or prosecution, as laid down above by the High Court of Delhi. The denial of information by the PIO appears to be a mere blanket statement not supported by any cogent evidence or material on the basis of which it can be clearly demonstrated that such disclosure would in fact attract the exemption contained in Section 8(1)(h) of the RTI Act. The PIO has failed to discharge the burden placed upon him under Section 19(5) of the RTI Act to prove that the denial of information under Section 8(1)(h) of the RTI Act was justified.”

Unquote.

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Prasad GLN

Sunil saab,

As the post is too large, there is a mistake in following up the facts.

What member wants is a quick acquittal, for a case filed already in Court,

as it may adversely affect his career for a job.

It is the member that has filed the complaint, and in retaliation other party has also filed complaint.

Now the matter is before court, and the member as candidate has to make a declaration on complaints pending against him in his application.

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Sunil Ahya
Sunil saab,

As the post is too large, there is a mistake in following up the facts.

What member wants is a quick acquittal, for a case filed already in Court,

as it may adversely affect his career for a job.

It is the member that has filed the complaint, and in retaliation other party has also filed complaint.

Now the matter is before court, and the member as candidate has to make a declaration on complaints pending against him in his application.

The post is not at all large, most of it is a quote, which the poster has to paste at the bottom end of his RTI application, trust me, my experience has been that, the PIO reads every word of the postscript. By the way, the poster wanted to file a RTI application and he has been guided accordingly.

 

The information obtained against the RTI application can always be put forth before the court. If the poster does not file the RTI application the case anyway will take its own time, at-least once the poster files a RTI application, he is on some track and if he pursues the PIO / first appeal level politely and tactfully there is a very good possibility that he may get the required information.

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