ramniwas (director) 24 December 2009

Advocate Required for Sec 409/467/468/471/420

We are the chairman of a school society. The secretary had lodged a FIR in April 2009 u/s 420/467/468/471 for mis-appopriation of funds. We moved to the high court for quashing the FIR. The HC ordered not to arrest unles any credible offence is found. The investigation officer and the secretary made various back dated fraudulent cash receipts on plain paper showing the outflow of cash from secretray to us. On these receipts, Sec 409 was added to our case. On this ground, IO got NBW from the court and arrested us. Session court and HC rejected the bail application. What should we do now? Please advice..

+91 9958099219

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8 Replies

Swami Sadashiva Brahmendra Sar (Nil) 24 December 2009

After rejection of bail by HC only option is to move to Supreme Court by way of SLP.

ramniwas (director) 24 December 2009

can we go for second bail

Swami Sadashiva Brahmendra Sar (Nil) 24 December 2009

Yes there is no bar . find out some new facts and new grounds as well as speculate the court craft and lawyer rather than legal technicalities.

(Guest)

(1) It's a very serious matter and make a plea to the High Court in a second bail application to change of investigation to some other's hands since the I.O. is carrying on investigation with ulterior motive in collusion with the secretary. A plea should also be taken to produce C.D. File before the High Court.

(2) Quashing of F.I.R. is of no use, since it is done in rarest of rare cases, where prima facie offence is not proved through records or witnesses statements. Hence the High Court will simply reject the application to face the trial, suggesting that you have a good case.

(3) This is the time only for change of investigation and bail on some conditions.

Guru, Advocate, Chennai - 9884933374 / 9444624121.

BP SHARMA Adv (LAW CONSULTANT) 28 December 2009

It is highly serious matter where quashing of FIR would not be entertained by the Courts and you have to face the trial.

Please give details as to where the case is registered. Only after carefully examining the allegations contained in FIR defence can be set in order.

BP Sharma Advocate 09313988939

(Guest)

you may contact us on +91 9819057120. Vinod Gupta, Advocate. ref: Navin Joshi

Daksh (Student) 01 February 2010

Dear Mr.Ramniwas,

Better take the bull by horns you yourself have mentioned that "The investigation officer and the secretary made various back dated fraudulent cash receipts on plain paper showing the outflow of cash from secretray to us".

I wonder what stopped you from initiating action against both of them. File a counter complaint detailing every minutest possible detail and let the matter be investigated impartially. If the backdated enteries are made then the same can be cross checked by bill book invoices etc. Better take help of hand writing expert as well.

This will certainly help you in teaching lesson to both of them.

Last but not least getting bail and bringing on record the misdeed of secretary in collusion with policeman are two different things and it must have two different strategies.

Best regards

Daksh