Priyank (Student) 29 November 2008

Am in involed in this case?????

Dear respected Lawyers of this forum,

Let me first explain you my situation, I am in Australia at the moment, In year 2005 when i was in India, i was a new learner of internet. Once i got a email from the girl saying that i need to call her on her house no. I called. but, actually some other person was harassing that woman by giving her phone number on the internet. so the lady whom i called set the trap with her husband and brother. she called me at certain place to meet where she made the trap and i was caught by her husband and brother, they beat me. i explained the whole situation to them and they realized that i was the wrong person to accuse. so they let me go and her husband told me we already put complaint in the police station against you so they might call you so u might have to go to police station. after a month police called me i went to the police station and they were trying to put charge sheet on me. so i called my uncle who has huge politics background. he came and relieved me from the police station and nothing happened there. i did not go to the jail or i did not take any bail. so i just want to know if i will send application for the police record check in India, would i be having any case going on me?

Plz reply me as fast as possible as this is very urgent and i am applyong for my permenant residency in australia.

thanking you all kindly

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7 Replies

Tribhuwan Pandey (Advocate) 29 November 2008

Dear Mr. Priyank

You have been released without any documentation. it means no charge has been framed against you and no case has been made out. No criminal case has been registered against you.

But as you have written "they already put complaint in the police station against you so they might call you so u might have to go to police station. after a month police called you and you went to the police station and they were trying to put charge sheet on you."

it means in police record your name has been recorded. it may create problem if any police inquiry is made by Australian embassay as it is required for visa process. you'll have to manage there.

K.C.Suresh (Advocate) 30 November 2008

From the information you have given there is nothing to prevent your travel to abroad.

Ravi Arora (Advocate) 30 November 2008

as per your version

i don't think there is any case against you. other wise at that point police person not leave you with out any bail or personal bonds. or i think if any complaint was against you may be polie persons had sobmitted final report about that complaint. but batter

you just check in the concern court that any F.I.R. was registered against you or not

bhagwant (lawyer) 01 December 2008

First thing u must do is to verify exactly what case was filed against u,

what document u signed,

whether it was chapter case,

Non-Cognisable case,

What is final disposal of that matter, which summery did they do, or is it pending till. (There are 'A', 'B', 'C', 'NC', FINALS')

Ensure u r legal status, otherwise may unnecesaryily will be in problem.

bhagwant (lawyer) 01 December 2008

First thing u must do is to verify exactly what case was filed against u,

what document u signed,

whether it was chapter case,

Non-Cognisable case,

What is final disposal of that matter, which summery did they do, or is it pending till. (There are 'A', 'B', 'C', 'NC', FINALS')

Ensure u r legal status, otherwise may unnecesaryily will be in problem.

Offence u/s 509 IPC could be registered against u. which is cognizable, bailable

abhay (LAWYERING) 03 December 2008

DEAR DONOT WORRY IF A CRIMINAL CASES REGISTER AGAINST U OR FIR LOGED THEN POLICE WILL ARREST U BUT U R SAYING POLICE DO NOTHING AGAINST U ITS MEANS ANY FIR AGAINST U NOT LOGED NOW. DONOT FEAR

B.N.Rajamohamed (advocate / commissioner of oaths) 22 March 2009

First you apply for an Anticipatory bail before the high court of the state in which ytou resided at the time of the alleged complaint. In which you will get the information whether the case is pending against you inspite of your efforts to come out of the police station on the date of enquiry. If so you file a quash petition under section 482 Cr.P.C. before the high court to quash the F.I.R. if chargesheet is reported to be filed you file the quash petition to quash the entire charge sheet.If you have already made any written representation before the police you produce that also before the High court.