quashing of fir or conviction

Tilak Marg Forum for Legal Questions Forums Criminal Law quashing of fir or conviction

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    • #184

      Sir, i was working as food inspector . An fir was registered but in the fir and in complaints the name of accused was not me. This is a trap case. When the trap party came to my district office (i am posted in block office 22km away) and they asked about the person named in complaints. They came to know that there is no such employees in our department. And the complainants realized that the person whom he met was a false one because there was no employee by that name. He told about all these things to the trap party. Now the trap party asked about my residence and forced the complainant to give the tainted money to me in my residence. After charge sheet was filled, during trial the complainant denied to identity me. He said in his statement that the person whom he met was another one not the accused. He met him in district office not in block Office. He also said that he did not know that the accused was working as food inspector. In his complaints and in charge sheet what the pending work was shown, is also not done by me but by the complainant himself. Despite all these things the trial court has convicted me. I have not mentioned the case in details. on the basis of the statement of the complainant and fir it clearly established that the person named was not me. Sir, what should i do? Can i file an appeal under section 482 in th high court for quashing the conviction.

    • #185

      Since there is a conviction under the Prevention of Corruption Act, you will have to file a regular Appeal before the High Court under the provisions of [Section 374 of] the Criminal Procedure Code for setting aside the order of conviction. There is no need to file application / appeal under Section 482 since there is a specific provision of appeal under Section 374 of Cr.P.C. Please consult some good lawyer at your place who is conversant in anti-corruption laws and file your appeal in high court on all the relevant grounds.     


      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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