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Danney (dir)     01 July 2011

Discharge Application

Dear

 

Please let me know, if a discharge application be filed in a case registered u/s 406,409, 467,468,471,420 with 120B.

As the complainant has registered a case under above said section, in that the persons were working overseas not in india and the complainant he is stays overseas he has framed the case with the help of police against the accused.

As the accused challenged the same in High Court and High Court gave not to arrest for the accused.

 



Learning

 3 Replies

james bhatti (Advocate)     02 July 2011

Danney, Where the offense was committed? In India or abroad. If it was committed abroad, the Indian Court has no jurisdiction to try and entertain this case. These sections are very serious. You are lucky to get a stay for arrest from the Honorable High Court. But you might had been directed to join the investigations with the Police. Actually your question does not disclose all the facts, even then I have tried to give you some solace. If possible, send me a scanned copy of FIR and receive a solid advice.

Danney (dir)     08 July 2011

Dear Sir,

 

The said (so called offence) was committed abroad, not in india, the complainant has told to the police and court that he employed the peoples and they have committed the offence, he said to the court that he has paid some money to the accused to open an office in abroad.

james bhatti (Advocate)     09 July 2011

I think you are not aware of theterm DISCHARGE. An accused can be discharged at the time of framingthe charge. The court and your lawyer will consider the FIR if it contains all the ingredients of the section whereunder the FIR and the ellegations have been levelled.

But before that you will have to appear before the Court. Court can do nothing unless you are present there. In other words the presence of the accused is a must.

I will suggest you to send me a copy of the FIR then I will see if you can approach the HIGH Court for quashment of FIR. Please do not hesitate to ask me any question even on my cell: +91 868 996 1510

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