FIR queshing

Needed advise - Jatinder Jindal me To legaleye.in Dear Sir, Got your reference from internet . Need advise and most importantly total charges for queshing FIR. Although my name was not there in 156(3) order as well as FIR, IO made me accused during investigation on behest of complainant and I had to take anticipatory bail. While going through various sites on law , you tube and judgements of high and supreme court ,I came to know that FIR registed on order under sec 156 (3) can be queshed on non - compliance of section 154 ,(3). My case is fit for same Case brief is as follows . . Myself 46 Yrs ,male living in Malad with wife n son age 15. Currently I am not working due to the repercussions of the case I am sending you. The brief is as follows 1. The senior manager of the company where I used to work (He is working since 22 yrs he was 3 posts senior to me and is org. Complainant) used to get anonymous mails about his tough, dictatorial working style( lot of people left because of his attitude). The mails used to say that the company is good but since you are bad lot of people are leaving who do well in other companies. So he should change his attitude towards his team and have an harmonious culture . The mails also mentioned that if same treatment is given to your child tomorrow by his boss how will you feel. Our Karma is strong and we have to face the same. He got around 100 mails over a period of 2 years. Most of mails were sent from proton mail/ mailfence which are secure mails. Few were sent from gmail as well . The mails were sent to few other employees of company in Bcc format 2. He was sent mails mentioning death of Raju Srivastava ( comedian who died of heart attack) and Cyrus Mistry. The mails said that both the gentleman died may be because bad karma. Tu Sudhar ja warna bhagwan ke ghar sabka hisab hota hai. 3. 4 mails from 30/3/22 to 4/4/22 mentioned that you only ( the complainant )have hired us to send these mails so that you can get some sympathy from the management that you are being unnecessarily harrassed. For that you promised to pay 1 lac Rs , out of which u paid 10000/- by meeting us at you home and rest 90k you please pay. These 4 mails are from gmail and asking him time and again to release the payment with word like " with folded hands we request you" , " we humbly request you" to release the payment. One of the mails also mentioned that you had a contract with us and if you do not pay we are at our liberty to disclose the same to your seniors management about your plan 4. The office was at Andheri till June 2022 ( This point is important which I will explain going ahead) . In April 2022 ,the informant went to Samta Nagar PS and asked for FIR. However , they refused and treated as NC 5. since Office shifted to Bhandup in June 22 and he was still getting mails about his toxic work culture ( although mails mentioning in point 3 never came after Apr 22), he went to Bhandup PS saying that my office is at Bhandup and since I got some mails here , he tried for FIR but they treated at NC. 6. He approached Mulund court u/s 156(3) in Oct 22 and judge passed order. Complainant mentioned names of 2 ex employees as suspected ones who left the company because of complainant behaviour . He also mentioned 3 person as Unknown They put application U/s 385, 389, 500, 506(2) ,507 In Mar 23, Judge directed PS Bhandup with observation that "In mail dated 2/4/22, there appears to be demand of Rs 1 lac with complaint. There is also threat to defame his image if he didn't pay amount to sender.Hence file FIr and investigate and submit report. Point to note here is that my name was not there 7. FIr was filed in April 23 but In FIR the complainant mentioned name of only one person out of 2 mentioned in application of 156(3). My name was still not there. 8. In Oct 23 ,myself and few more people of company ( I was working under complaint although was not reporting to him) who were working under complainant were called at Bhandup PS for statements . We were asked about mails , whether we talk to accused whose names were in application of 156(3), our mobiles were checked , handwriting samples were taken ( Complaint also got postal letters . In one letter just one word Karma was mentioned , and in other " Hoga tera bhi Bhagwan ke ghar se hisab hoga kyuki tere ko akal nahi ayegi, abhi bhi time hai Sudhar Ja warna Karma Boomrangs") 9. After that they called 3 days every day. IO was putting pressure on me from day 1 that you had good relationship with accused. Also he told one person in Punjab who is your friend has sent one mail to complainant as we got the mobile no from the email and we have CDR of you and him speaking. Hence ,you must have sent the mails . I denied the same. . In Nov 23 ,i went Punjab for Diwali holidays . Before leaving for my holidays IO told that he wants to come to Punjab to investigate and will you co-operate , and I said you can. iO came to Punjab and I fully cooperated. 10. IO went back. After one month i got letter from another IO that I need to come to Bhandup PS for sme matter and he is new IO . I met him on 15th Dec and told my father is sick and I m going to Punjab tommorw since he was hospitalized from 10th Dec. 11. During my stay at Punjab , in last week of Dec 23 , IO sent me WhatsApp notice U/S 41 A. When I asked one advocate there ,he said they are going to arrest you once you meet them. I requested time from IO that I will come to Mumbai and meet him once my father is ok. But on 4th Jan 24, they sent 2 police person at my Malad flat where my son was misbehaved by them. Sensing something is wrong ,I applied anticipatory bail in session court , Mumbai while I was at Punjab on 15th Jan 24. While hearing was on ,my father died on 30/1/24 . Hide trimmed content The current IO came to Punjab to arrest me on 11th Feb 24 ( next day was my bail hearing) when we were having 13th day mourning of my father . I was saved by God. Anyway,we got anticipatory bail on 23/2/24 with a direction to visit Bhandup PS every Monday to mark attendance. After I came back to Mumbai,i started doing that but IO used to torture me ( verbally ) for 3-4 hours. I got sick and was admitted to psychiatrist ward in Cooper hospital, for around 35 days. After discharge I was again tortured by IO. My mobile was seized on 11Th March 24 by IO. The above shows complainant sponsored the visit to Punjab 12. In June 24 I put application in session court to quesh the Monday since I was suffering mentally and financially and moreover ,i had met IOs around 30 times. Hon Judge allowed that on 1st August,24 13. Since I am not working since Jab 24 ( i resigned from company) i started reading law and various judgements , understanding various sections , watching High court videos and got to know many things including my rights I also started to note down the points in my favour in case I go to trail after chargesheet and got many. I also understood the process of Cross examination and importance of reading chargesheet. I got many points where I was confident that I will either be discharged or win the trial. But IO is no mood to file chargesheet. 14. I happed to see 2015 Judgement of supreme court ( Priyanka srivastava) and I came to know that compliances U/s 154(1) and 154(3) is must if someone need to get order in 156(3). I read many judgements of Mumbai, Nagpur , Chattisgarh, Karnataka High court's mentioned the same While going through the application i could see complainant didn't follow the process as the didn't use 154(3). So I think the FIR can be queshed on this point alone . The Hon. Judge passed the order mechanically. 15. The other very important point is the point of Jurisdiction . The point 4 mentioned above is explained here. Since alleged mail of extortion came on 2/4/22 when our office was at Andheri and complainant filed application in Samta Nagar PS which was treated as NC and he didn't further pursue, the very fact that Hon .Judge of Mulund court considered the same mail while passing his order ( may be judge didn't see or adv of complainant made him fool) , I feel the point of Jurisdiction also can be considered. 16. Moreover, the FIR does not have ingredients and can be challenged citing Bhajan Lal case 17. Also complaint did fraud by not clearly mentioning that the alleged mail of extortion also says that he paid money of 10000/- at his home to run tha campaign to send defamatory mails against him to him and his company so that he gets sympathy for the same and 90000/- he is supposed to pay. This can be supression of material facts to get the order . This is brief yet exhaustive story. My only confusion is that since my name was not in org. Complaint of 156(3) as well as FIR, can I go for queshing since I don't want to live under the fear of investigation since IO is in no mood to file chargesheet and to go to trial ,if Magistrate does not discharge me? Although IO made me accused in my anticipatory bail application Or i ask the person whose name was in FIR to become petitioner and I also mention my name in the same petition. The person is currently in Kolkata but I can pursue him .He is also quite disturbed but he has not been made accused by IO as of now. Kindly let me know the best possible solution nd the most important thing your charges from start to finish.i am not mentioning the judgement of various courts since you must be having all , although I have made a repository of the same just in case. I have FIR copy, application and order U/s 156(3) with all the annexed mails ,my anticipatory bail application and order.