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False case registered against me and my Dad in June 2015. Police first informed us in Aug 2015. no statements taken. We were arrested on Aug 14th 2015. Produced in Court and given Bail after hours. 4 months later we realized charges were framed on the same day 14th Aug 2015. However our Plea was not recorded neither we were called in the witness box. Part Examination in chief of victim happened in Nov 2017 then pending for nearly over a year for want of Muddemaal. Also only in Nov 2017 a sealed envelope containing the 164 CrPc statement was opened in front of the Judge. Dec 2018 examination of victim completed. First Investigating officer cross completed. Now since last 5 dates other I/O examination and cross pending. It is false, vexatious and baseless case. If I/O does not come on next date can we move in a Writ Petition to Bombay high court ? Or can we go in WRIT for Quashing of the FIR ?
Dear Sir,
First ask your advocate in the Trial Court to get close evidence of prosecution side as witnesses are not turning up inspite of sufficient opportunity given to them. If you go to High Court it may not interfere at the stage. Since because there is no evidence against your father so he may be acquitted shortly.
